Terms & Conditions Sydney

I. GENERAL TERMS AND CONDITIONS OF USE

1. These General Terms and Conditions (“Terms”) govern:

(i) Your use of, and registration to, the online services offered by DFS Group Limited, with its offices at 8/F, Chinachem Golden Plaza, 77 Mody Road Tsimshatsui East, Kowloon, Hong Kong, (together with its affiliates, “DFS”, "We" or "Us"), email clientservice@dfs.com, through the website www.dfs.com ("DFS.com"), DFS WeChat Mini Program and other platform through which you may register with Us (together the "DFS Platform(s)");

(ii) Your reservation of any products ("Reservation") submitted through the DFS Platform to one of our stores as listed on DFS.com ("Stores"); and

(iii) Your purchase of any products through the DFS Platform from one of our stores in Hong Kong ("Hong Kong Store(s)") for subsequent collection from the Hong Kong Store or home delivery.

2. If you are requesting to Reserve products in one of our stores in Europe, We refer to you in these Terms as a "European Customer" and the "European Customer-Specific Terms" in Section VII of these Terms will also apply to you.

3. We may update or revise these Terms from time to time and such updating and/or revisions shall be effective immediately upon publication of the amended version (“New Terms”) on the DFS Platform. It is your responsibility to verify the more recent versions of the Terms every time you access the DFS Platform. When you use the DFS Platform you are deemed to accept fully the New Terms. If you disagree with the New Terms or any part of them, please refrain from using the DFS Platform and promptly cancel any registration and/or personal account on the DFS Platform and refrain from submitting any Reservation or making any online purchase of goods or services offered by DFS.

4. The Terms (including any New Terms), the Privacy Policy and any other rules and instructions posted from time to time on the DFS Platform constitute the entire agreement between you and DFS, as the case may be, regarding your rights and obligations relating to your access to the DFS Platform, use of our online services, Reservation of items or making any online purchase, through the DFS Platform.

5. Should you have any questions concerning these Terms, please contact clientservice@dfs.com.

6. In case of any discrepancies between the English version and any translated version of these Terms, the English version should prevail.

II. USE OF DFS PLATFORM

1. Registration

A. The DFS Platform may offer you the option to: (i) access the DFS Platform by registering with Us and providing Us with your personal data; and/or (ii) access the DFS Platform through accounts you have registered with third parties (for example, WeChat). Unless specified otherwise in the DFS Platform, it is not mandatory for you to register with Us in order to access that DFS Platform. Any personal data you provide to Us will be collected processed in compliance with the Privacy Policy and applicable laws.

B. You represent and warrant that you will provide truthful and accurate information when you register on the DFS Platform. If you are under the age of 18, you may use the DFS Platform only with involvement of a parent or guardian.

C. All activities undertaken under your registered account via your computer system or device, whether by you or anyone else with or without your consent, are your sole responsibility. You shall indemnify and hold harmless DFS from and against any and all loss, damage, expense and liability arising from or relating to any such activities which breach these Terms or applicable law.

2. Use of the DFS Platform

A. If you know or suspect that your DFS account or your third party account used to access the DFS Platform, or any relevant password, is being misused or your password has been stolen, you must notify Us promptly via email to dpo@dfs.com. We reserve the right to terminate or suspend your DFS account if you violate these Terms or permit anyone else to do so. If your DFS account is terminated, you may not register again without Our written consent.

B. You may cancel your DFS account at any time by sending written notice to DFS Group Limited, Attn: Digital Team, 8/F Chinachem Golden Plaza, 77 Mody Road, Tsimshatsui East, Kowloon, Hong Kong, or in the Account Settings section on the Account Information page.

C. DFS will not be responsible for any roaming charges resulting from your use of the DFS Platform and receipt of or sending of any SMS or email to or from the DFS Platform.

3. Access and interference

A. We grant you a limited, revocable, non-transferable and non-exclusive license to access and use your DFS account solely for personal, non-commercial purposes in the manner permitted by these Terms. In other words, you may not sell, resell or exploit your DFS account for commercial purposes, including, but not limited to, any collection and reproduction of any product listings or descriptions; make any derivative use of the DFS Platform or its contents; download or copy DFS information for the benefit of a third party; or use data mining, robots or any kind of data gathering and extraction tools. Nothing in these Terms constitutes a transfer or any intellectual property right.

B. You may not use any means to frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of DFS or of the third parties associated with any of the products and services featured on the DFS Platform without the prior written consent of DFS or the relevant third party. You may not, without Our express written permission in each case, use any meta tags or any other “hidden text” utilizing DFS’ name or trademarks or use any robot, spider, scraper or other automated means to access DFS for any purpose.

4. Proprietary rights

A. Copyrights in the DFS Platform are owned by DFS. The DFS Platform may include photographs and descriptions of products and images provided by manufacturers and suppliers of listed contents, the copyrights of which may be owned by them, but the copyrights in the DFS Platform as a whole are owned by DFS. Although the contents of the DFS Platform may be viewed and cached, they may not be reproduced, distributed, altered or otherwise exploited for any purpose not expressly permitted by DFS. The rights in the trademarks, trade names, domain names and product names contained on the DFS Platform are owned by DFS and its licensors. Any use of the trademarks, trade names, domain names and product names without written consent of DFS and the relevant brand owners is strictly prohibited.

B. All other rights in the contents of and intellectual property in and used to create the DFS Platform are owned and reserved by DFS and/or its licensors.

5. Comments and feedback

We welcome your comments and feedback regarding DFS, Our online services and these Terms. Any information, materials, suggestions, ideas or comments sent to DFS will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are expressly granting DFS an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. You also waive any and all moral rights in such submissions to the fullest extent permitted by law. Unless required by law, DFS will not publicly attribute to you such information, materials, suggestions, ideas or comments without your prior written consent.

6. Security

A. You are solely responsible for protecting the confidentially of your login ID and password to access the DFS Platform, and shall not share these with, or allow them to be used by, any other person. You agree to immediately notify DFS of any unauthorised use of the same.

B. Any losses that you may incur by transmitting your credit card information to DFS in an unsafe way shall be borne solely and exclusively by you. If you use a public computer, you should log out completely from the DFS Platform after your visit.

7. Third-party scams and fraud

A. Occasionally, third parties create websites offering products for sale that fraudulently misrepresent themselves to be DFS using unauthorized reproductions of DFS’ logos and other intellectual property of DFS and its brand vendors. DFS does not authorize and is in no way responsible for such fraudulent activity. Please report any such fraudulent site to dfs.legal@dfs.com.

B. DFS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third parties’ websites.

8. Age Restriction on Wines & Spirits

The wine and spirits Reservation service is only available to customers 18 years old and over and can only be purchased by customers 18 years old and over. If you wish for another person to pick up on your behalf, the person who collects and pays for your Reservation must also be the age of 18 years old and over. To ensure that DFS complies with the applicable laws and regulations, DFS reserve the right to request proof of age (e.g. valid passport or ID card).

III. PREVIEW OF ITEMS ON THE DFS PLATFORM

1. The DFS Platform is not an e-commerce platform and no purchase transaction will be concluded online. No purchase price is payable on the DSF Platform.

2. All prices shown on the DFS Platform will be listed in the local currency and are inclusive of any applicable sales and other duties and taxes. Prices shown in the currency converter section are for reference only. DFS reserves the right to correct or update the products description (including the price) at any time without notice.

3. Stock availability information is for reference only. The products cannot be reserved.

4 .The quality of images and colour of products shown on the DFS Platform may vary from those of the actual products.

5. DFS warrants that the products in Store will conform to the description on the item description page. DFS makes no other representation and warranty about the products and disclaims all implied warranties to the fullest extent allowed by law, especially with reference to consumer protection mandatory provisions.

6. Not all promotional offers available at DFS’ Stores are advertised on the DFS Platform.

IV. RESERVATON OF ITEMS ON THE DFS PLATFORM

The following provisions govern any Reservation submitted by you through the DFS Platform in respect of products to be purchased from DFS at a Store. When you use the DFS Platform to Reserve a product, you will be subject to these Terms. Sometimes additional terms may apply such as those applicable to specific promotions or loyalty/membership programs.

1. Prices

The prices payable for the products that you Reserve are specified on the relevant item description page. Prices on the DFS Platform may change without notice from time to time. All product prices shown on the DFS Platform will specify the applicable currency and are inclusive of any applicable VAT, sales and other duties and taxes. Prices shown in the currency converter section are for reference only.

2. Products

Products shown on the item description page are subject to availability in the Store. DFS does not guarantee the availability of such products until you receive confirmation that your Reservation has been accepted. The quality of images and colour of products shown on the DFS Platform may vary from those of actual product.

3. Reservation

A. Your Reservation constitutes a request to DFS to reserve the selected product. Other than as set out in Section V below regarding DFS' Hong Kong stores only, the DFS Platform is not an e-commerce platform and no purchase transaction will be concluded online.

B. You may Reserve a product on the DFS Platform by creating a DFS account or proceeding as a guest user. You may select products to reserve by navigating to the relevant item description page and clicking "Add to Bag". Then you need to enter your details in the mandatory fields (such as your name, surname, date of birth, e-mail address, mobile number) as well as your preferred time for collection from the times available ("Collection Time"). After the information has been entered, proceed to "Reserve Now".

C. No purchase price is payable on the DFS Platform. DFS will collect the amount of the purchase price from you when you purchase and pick up the reserved item in the store at the Collection Time.

4. Confirmation, Acceptance and Cancellation of Reservation

A. After reserving a product, you will receive an email from the DFS Platform acknowledging that your Reservation has been received. Please note that this does not mean that your Reservation has been accepted by DFS. DFS will send you another email when it accepts your Reservation ("Confirmation of Reservation"). It may take some time between the first email, acknowledging receipt of your Reservation, and when the Confirmation of Reservation is sent.

B. If you have opted-in for a Reservation reminder, provided DFS has accepted your Reservation, you will receive an email or SMS (“Reservation Reminder”) confirming that the Products you reserved are ready for pick up at the Store at the Collection Time.

C. You may cancel your Reservation at any time before your Collection Time via the “Manage Reservation” section of the DFS Platform or by contacting our Customer Service Team at clientservice@dfs.com, at 800-969-036 or via the live chat function (“Live Chat”) on the relevant DFS Platform. No cancellation fees will apply.

D. DFS has no obligation to accept your Reservation. DFS may decline your Reservation or cancel your Reservation at any time before acceptance and for any reason including, but not limited to: (a) your ineligibility to Reserve the products according to these Terms of Reservation; (b) the unavailability of any products that you reserved; (c) if the information that you provided is incomplete or inaccurate in any respect; or (d) the product description, including price, is incorrect in any respect (DFS reserves the right to correct or update such information at any time).

E. DFS shall have no liability to you and you have no claim against DFS if we decline your Reservation. You acknowledge that any travel to the Store to collect reserved products that were not confirmed by a Confirmation of Reservation will be at your own risk and that DFS shall not be liable for costs borne by you or for any other liability.

5. Picking Up Your Reservation, Cancellation of Your Reservation

A. Provided that the Reservation has been accepted by DFS, the product you have reserved will be available for purchase and pick-up at the Store at the Collection Time indicated in the Confirmation of Reservation, and any Reservation Reminder. You will be requested to pay for the product upon collection by the available payment methods, which may include any of cash, gift cards accepted by DFS, Visa, MasterCard, American Express, WeChat Pay or Alipay and/or other payment methods available from time to time.

B. The price and promotion, if any, listed on the DFS Platform at the point of Reservation will be honoured when you purchase and pick-up your product.

C. When you pick-up the product you must present your Confirmation of Reservation and passport, which must match the information that you provided when you placed your Reservation.

D. Reservations may be cancelled at any time. Please contact our Customer Service Team at clientservice@dfs.com, at 800-969-036 or via the Live Chat on the DFS Platform. Cancellation is free of charge.

E. If you wish to change your Collection Time please contact our Customer Service Team. If you do not collect your product within 24 hours of your Collection Time, We reserve the right to cancel your Reservation.

6. Acceptance of Reserved Products

A. DFS warrants that the products that you reserved through the DFS Platform will conform to the description on the item description page. DFS makes no other representation and warranty about the products and disclaims all implied warranties to the fullest extent allowed by law, especially with reference to consumer protection mandatory provisions.

B. When you pick up your reserved products at the Store, you will be asked to confirm in writing that the products that you pick up at the Store conform to your Reservation and that the sale of the products to you is completed upon delivery. If the type or number of products does not match your Reservation, We will attempt to locate the conforming products in-store. If we are unable to do so, your Reservation will be cancelled.

C. For the avoidance of doubt, neither the Confirmation of Reservation nor the Order Confirmation (as defined below) are binding offers. 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 product you reserve via Reservation submitted by you through the DFS Platform shall pass to you when you collect and pay for the product in Store in accordance with the in Store terms of sale.

7. Gifts with Purchase, Promotion Codes

A. If DFS offers promotional gifts to be picked up at the time of product collection, DFS will make reasonable efforts to ensure that such gifts are available to all persons who purchase the featured products. Subject to the foregoing, such gifts are available only while stocks last. If the gifts are unavailable because the stock has run out, DFS has no obligation to provide any cash payment or substitute gift.

B. If DFS issues promotion codes applicable to selected products shown on the item description page, no more than one promotion code may be used when reserving the relevant product to be collected in Store.

C. Not all promotional offers available in DFS' physical Stores are offered on the DFS Platform.

V. PURCHASE OF ITEMS ON DFS PLATFORM

The following provisions apply to DFS' Hong Kong Stores only. The provisions govern the purchase of products by you through the DFS Platform. When you use the DFS Platform to place an order, you will be subject to these Terms. Sometimes additional terms may apply such as those applicable to specific promotions or loyalty/membership programs.

1. Prices

The prices payable for the products are specified on the relevant item description page. Prices on the DFS Platform may change without notice from time to time. All prices shown on the DFS Platform will be listed in Hong Kong dollars and are inclusive of any applicable sales and other duties and taxes. Prices shown in the currency converter section are for reference only.

2. Products

Products shown on the item description page are subject to availability and not all DFS products are available for purchase on the DFS Platform. DFS does not guarantee the availability of such products until you receive confirmation that your purchase request has been accepted. The quality of images and colour of products shown on the DFS Platform may vary from those of the actual product.

3. Placement of Orders

A. Your order constitutes a request to DFS to purchase the selected product.

B. You may place an order on the DFS Platform by creating a DFS account or proceeding as a guest user. You may select products to order by navigating to the relevant item description page and clicking "Add to Bag". Then you need to enter certain contact details in the mandatory fields, (such as your name, surname, date of birth, e-mail address, and mobile number).

C. To pick up the order directly from any T Galleria by DFS, Hong Kong Stores, select Click & Collect. For Home delivery, You may provide Us with your delivery details after checkout.

D. Home delivery is only available to addresses located in Hong Kong.

E. After entering the required information, you will be invited to proceed to "Checkout" and complete payment via the available payment methods, which may include any of VISA, MasterCard, WeChat Pay and Alipay and/or other payment methods available from time to time.

F. All transaction payments will be charged in Hong Kong Dollars (which may be converted to the local currency of your payment method). Currently We do not accept any other currency.

4. Order Confirmation, Acceptance and Cancellation

A. After placing the order, We will sent an order confirmation to you via e-mail or SMS ("Order Confirmation").

B. For Click & Collect, orders may be cancelled at any time. To cancel or change the pre-selected collection date, please contact our Customer Service Team at 800-969-036 or via the live chat function (“Live Chat”) on the relevant DFS Platform. Cancellation is free of charge.

C. DFS has no obligation to accept your order. DFS may decline to accept your order, cancel your order before acceptance or revoke acceptance of your order at any time prior to pick-up of the order for any reason including, but not limited to: (a) your ineligibility to order the products according to these Terms; (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. DFS does not guarantee the accuracy of the product description or price, and reserves the right to correct or update such information at any time.

D. If DFS declines or does not accept your order, your payment method will not be charged. DFS will process a refund to your payment method for the purchased amount if:

i. you cancel the order before it is picked up,

ii. your order is automatically cancelled under Clause 5.C below, or

iii. DFS revokes acceptance of your order.

E. 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.

F. For Home delivery, once the order is being delivered, it cannot be cancelled by You. Order status can be tracked on SF Express website or by contacting the Customer Service Team.

5. Click & Collect: Picking Up Your Order, Order Cancellation

A. The Order Confirmation will tell you when your order will be available for pick up at the collection counter in the applicable T Galleria by DFS, Hong Kong Store.

B. You must bring along your Order Confirmation when you pick up the order. When you make your order, you must make sure the information you provide is accurate. DFS reserves the right to ask you to provide an ID to verify your Order Confirmation when you pick up the order.

C. If you do not collect your order within 24 hours after your scheduled pick-up time, you should contact our Customer Service Team at 800-969-036 or via the Live Chat on the relevant DFS Platform. We will use our reasonable efforts to contact you to see if you still want the order. If you do not collect your order within 72 hours after the scheduled pick up time, your order will be cancelled automatically. In that case, DFS’ sole obligation shall be to refund for the purchase price in Hong Kong dollars via your original payment method.

D. If you wish to authorize a family member or friend (“Authorized Person”) to pick up your order on your behalf, subject to the terms and conditions of the relevant DFS Platform on which you place your order and such a person being 18 years old and over in the case of an order of wine and spirits, you may either: (1) contact our Customer Service Team at 800-969-036 or via Live Chat at least one working day before the scheduled pick up time by providing the first name, last name, and contact information of the Authorized Person who will be picking up the order; or (2) providing the first name, last name and contact information of the Authorized Person through the relevant DFS Platform. We will ask the Authorized Person to present his or her ID for verification during the pick-up.

6. Home Delivery

A. Your order will be delivered to Your home address in Hong Kong.

B. You will own the goods from the point when the goods have been dispatched from our store / warehouse or payment is received in full, whichever is later. Risk will be on DFS until the goods are delivered to the designated home address. You acknowledge and agree that DFS can leave your package to Your caretaker (if any) and it is Your responsibility to ensure that the caretaker will accept the order on your behalf. You agree to take full responsibility for any loss or damage that may occur.

C. In case of an event preventing delivery which is beyond DFS’ reasonable control (e.g. Typhoon Signal 8), We will contact You to re-arrange delivery of your order.

D. All information provided for home delivery must be accurate. If the home delivery incurs additional costs and expenses due to your failure to provide accurate information (e.g. wrong address), DFS may charge such costs and expenses to You.

7. Acceptance of Products

A. DFS warrants that the products you order will conform to the description on the Item Description Page. DFS makes no other representation and warranty about the products and disclaims all implied warranties to the fullest extent allowed by law, especially with reference to consumer protection mandatory provisions.

B. When you pick up your order at the in-store collection counter, you will be asked to confirm in writing that the products you pick up conform to your order and that the sale of the products to you is completed upon delivery. If the type or number of products does not match your order, We will attempt to locate the conforming products in-store. If we are unable to do so, your order will be cancelled. In that case, DFS’ sole obligation shall be to refund for the purchase price in Hong Kong dollars via your original payment method.

8. Returns / Exchanges – Home Delivery

A. If You receive incorrect or defective products, You should immediately contact our Customer Service Team on 800-969-036 or via Live Chat. They may also be able to answer any questions regarding your order.

B. If You want to return or exchange your order, you must contact our Customer Service Team and arrange to drop off the entire package to T Galleria by DFS store in Hong Kong. All orders must be returned in full including any gifts with purchase (defined below) and receipts.

C. Skincare, cosmetics, hair care, fragrance, nail, aerosol products and more generally all beauty products should be returned unused, unopened and in the original packaging.

D. We require You to provide Us with your order number, full name and ID number to process return,

E. For exchange of online purchases, shipping for product-exchange replacements will not be charged after the initial delivery.

9. Special Arrangements

A. 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.

B. Adverse weather conditions (e.g. Typhoon 8) may cause a delay in the delivery of your order to the collection DFS’ Hong Kong Store.

10. Gifts with Purchase; Promotion Codes

A. If the relevant DFS Platform offers gifts with purchase at the time of order collection, DFS will make reasonable efforts to ensure that such gifts are available to all persons who purchase the featured products. Subject to the foregoing, such gifts are available only while stocks last. If the gifts are unavailable because the stock has run out, DFS has no obligation to provide any cash payment or substitute gift.

B. If DFS has issued promotion codes applicable to select products shown on the Item Description Page, no more than one promotion code may be used when ordering the relevant product.

C. Not all promotional offers available at DFS’ Stores are offered on the relevant DFS Platform.

11. LOYAL T

Purchases made on the relevant DFS Platforms are eligible to earn points in DFS’ LOYAL T Program subject to the terms and conditions of the LOYAL T Program. LOYAL T points cannot be redeemed for value on any customer orders on relevant DFS Platforms.

VI. LEGAL TERMS

1. Limitation on Warranty and Liability

A. We frequently update our selections to feature the latest products from the luxury brands you love. Please note that the merchandise availability shown in DFS stores and on the DFS Platform can change without notice.

B. The DFS Platform, its contents and online services are provided on an “as-is” and “as-available” basis without representations or warranties of any kind, express or implied, with respect to the operation of DFS and the information, content, materials and products included on the DFS Platform. To the fullest extent permitted by law, DFS disclaims any representations and warranties, including, but not limited to, any warranties of merchantability and fitness for a particular purpose. In addition, DFS does not represent or warrant that the information accessible via the DFS Platform is accurate, complete or current. Price and availability information, if featured, is subject to change without notice. DFS will not be liable for any losses and damages of any kind arising out of or in connection with the use of the DFS Platform in violation of these Terms, unless such damages result directly from our wilful actions or our gross negligence. This is a comprehensive limitation of liability that applies to all damages of any kind, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, loss of data, income or profit, and loss of or damage to property and claims of or liability to third parties, provided that nothing in these Terms shall limit or exclude DFS' liability for death or personal injury caused by negligence, fraud or any other liability to the extent that it may not be limited or excluded under applicable law.

2. Termination

DFS may also terminate, suspend or remove your account or one or more Reservation(s) or orders in case of breach of Sections: II. 1. B. (for failure to provide truthful and accurate information during the registration process); II. 1. C. (for failure to indemnify and hold DFS harmless in case of breach of these Terms); II.2.A. (for failure to report an account breach and in case of further registration after termination at fault without obtaining DFS' prior consent); II.3. (for unauthorised access and use of the DFS Platform and its contents); II.4. (for violation of proprietary rights); II.6.A. (for unauthorised use by others of your account and failure to report any abuse); IV.4.D. (a) and (c) (for ineligibility to Reserve a Product or failure to provide accurate and complete information); and V.5.C. (for failure to pick up the reserved Product within 72 hours after the Collection Time).

3. Governing Law and Disputes

A. If you are a European Customer, please note the additional rights you have available to you as set out in the European Customer-Specific Terms at Section VII.

B. The execution, validity, interpretation and exercise of these Terms and the resolution of any disputes hereunder shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.

C. The parties shall attempt in good faith to resolve any dispute between them promptly by negotiation. Either party may send the other a request to negotiate. If the negotiation does not result in resolution within 30 days of the notice, the parties shall endeavour to resolve the dispute by mediation in the English language. Any dispute which remains unresolved 90 days after appointment of a mediator, or if the parties are unable to agree on a mediator, mediation place or the mediation procedures, shall be resolved by binding arbitration by a sole arbitrator in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules. The arbitration shall take place in Hong Kong. The language of the arbitration shall be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. These procedures will apply to any and all disputes that may arise between the parties or between their respective principals, officers, directors, employees, agents, subsidiaries, parents, predecessors, successors, assigns, heirs or related entities. The foregoing shall not prevent DFS from applying to a court of competent jurisdiction for provisional or interim measures or injunctive relief as may be necessary to safeguard the property or rights that are the subject matter of the dispute.

4. Other Legal Terms

You understand and agree that the Terms, including our enforcement of those terms and policies, are not intended to confer, and do not confer, any rights or remedies upon any third person or entity. If any part of the Terms is held to be invalid or unenforceable, the remaining portions shall remain in full force and effect and shall be construed to reflect, as nearly as possible, the original intent of the parties.

VII. EUROPEAN CUSTOMER-SPECIFIC TERMS

1. Interpretation

A. If there is any conflict between the European Customer-Specific Terms and the above terms, the European Customer-Specific Terms shall prevail to the extent of such conflict.

B. The Italian version of the Terms shall prevail in case of any discrepancies between the Italian version and the English version.

2. DFS Italy

If you reserve any products submitted through the DFS Platform to our DFS store in Venice, the address of this store is "T Fondaco dei Tedeschi", Calle del Fontego dei Tedeschi, Rialto Bridge, 30124 Venice (managed by Italy to DFS ITALIA S.r.l. with registered office at Sestiere Castello 6073 CAP 30122 Venezia (“DFS Italy”)).

3. Amendments to these Terms

We may only amend the Terms you have agreed to on the basis of expressed and reasonable grounds, or otherwise with your consent.

4. Your Rights

A. The courts of Milan or those of your place of residence or domicile shall be competent for disputes started by DFS Italy. 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.

B. 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 Italy, 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.

5. Acknowledgement

In pursuance of sections 1341 and 1342 of the Italian Civil Code, by using the DFS Platform and placing Reservations, you hereby expressly confirm having read, understood and to expressly agree to the following provisions of these Terms: VI.1. "Limitation on warranty and liability"; VI.3. "Governing Law and Jurisdiction" and II.5. "Comments and feedback".

LOYAL T PROGRAM TERMS AND CONDITIONS

I. GENERAL

1. The LOYAL T membership card (“Card(s)”) issued at the sole discretion by DFS entitles you to the program benefits and rewards determined by DFS, subject to these terms and conditions which We may update or revise from time to time without notice.

2. LOYAL T Card holders (“Cardholders”) shall use the Card solely for personal and non-commercial purposes. DFS reserves the right to change or discontinue the benefits and these terms and conditions at any time at its sole discretion and without notice, including the right to revoke any and all supplementary Cards issued to Cardholders.

3. If you are under the age of 18, you may register for the LOYAL T program only with involvement of a parent or guardian and may not make any alcohol or tobacco purchases at DFS.

4. You must keep the Card under your personal control at all times. The Card remains the property of DFS. DFS may decline to issue you a replacement Card if it is lost, damaged or stolen.

5. Your Card and any points earned are not transferable by you to anyone. Points can be redeemed only by the member presenting the Card in person. DFS shall be entitled to assume conclusively that the person presenting the Card for points redemption is the member. DFS will not be responsible for any points claimed to have been redeemed by any person other than the member. DFS’ records shall be conclusive as to the point balance or deficit in the member’s account.

6. Any member shall only have one active account at any time and DFS reserves the right to merge or modify duplicated accounts of any member. DFS also reserves the right to cancel any duplicated accounts belonging to the same member.

II. REWARD POINTS AND MEMBERSHIP

1. Points Earning and Redemption

A. Points may be earned and redeemed by presenting the Card when you purchase merchandise at participating DFS and T Galleria stores worldwide. Not all DFS and T Galleria stores are participating stores, so in non-participating stores you will not earn and redeem points for your purchases. For a list of participating brands and stores, please click on our LOYAL T link at the bottom of the page. LOYAL T points may not be redeemed for any Reservation on the DFS Platform.

B. The actual points earned by the Cardholder are based on the amount spent (in U.S. dollars and excluding tax), membership tier and member status. Points earned from purchases made at DFS and T Galleria stores outside the U.S. are based on local currency converted to U.S. dollars

C. Points cannot be earned by the Cardholder on the portion of the merchandise purchase that is reduced by redemption of points, LOYAL T Points Vouchers and gift certificates.

D. Please allow at least 7 working days for points to be credited to your account upon submitting the request. Under some circumstances, it may take longer for your points to be credited.

E. If you miss earning points and status dollars because you did not present your Card at time of purchase, We will credit your account with the missing points and status dollars if you present your Card, sales receipt and proof of payment within 6 months after the date of purchase. Please allow four to 6 weeks for missing points and status dollars to be credited to your account. No points and status dollars may be earned for purchases made more than one month prior to the Cardholder's enrolment.

F. You must present the Card to earn or redeem points. The sales associate in Store may ask to see your valid photo ID to verify your identity. Once you redeem your points, these cannot be restored back to your account.

2. Points Exceptions

A. Points cannot be earned or redeemed for purchases at certain brand boutiques or to purchase certain branded Products even within participating DFS and T Galleria Stores. The same applies for redemption of LOYAL T Points Voucher, which may be used only to purchase items from select participating brands. For details on brand participation, please click on our Frequently Asked Questions link at the bottom of the page. You may also contact Us at clientservice@dfs.com or speak to one of our sales associates in Stores.

B. 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 and travel agencies.

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

D. Points and status dollars cannot be earned on product purchases that are determined to exceed DFS’ Reasonable Use Limits. In particular, while DFS wishes all of its customers to have reasonable access to purchase DFS products, from time to time and depending on the rate of replenishment in particular Stores or locations, DFS may need to implement purchase restrictions on certain products. These purchase restrictions (“Reasonable Use Guidelines”) are imposed at DFS’ sole discretion and are subject to change at any time without notice.

E. Any purchaser presenting a DFS shopping card for a purchase is ineligible to earn points by presenting a LOYAL T Prestige Diamond Plus card for the same purchase.

F. Reasonable Use Guidelines may vary depending on the category, in accordance with DFS’ reasonable use limits. Beauty purchases may not exceed more than 6 pieces per item or 24 pieces per month. Watches & Jewelry purchases may not exceed more than 3 pieces per item for any brand or more than 4 transactions per month. Fashion purchases may not exceed 3 pieces per item, sale exclusions apply.

3. Deduction of points and/or Status Dollars for refunds

If you return a Product for which points were earned, DFS reserves the right to deduct from your account the amount of the points and/or status dollars earned in the original purchase transaction. If you do not have a sufficient number of points in the account, DFS reserves the right to offset the value of the negative point balance against the amount of the refund to you, or request you to eliminate the negative point balance by paying DFS the value thereof. No monetary refunds will be given for returned Products that were purchased by using points.

4. Points expiry and account termination

A. Your account and all points in your account may expire if you do not make any purchases at DFS and T Galleria Stores for a continuous period of 24 months accordingly to your membership tier.

B. Either you may at your discretion, or DFS may at its discretion, terminate your membership and account at any time. Upon termination of your account, all accumulated and unredeemed points shall be forfeited.

5. Tier Status

A. Each Cardholder is assigned to a membership tier upon enrolment. The membership tier is effective for 24 months. Based on your spending during that period, your tier status will either be renewed, upgraded or, if your spending falls below the minimum spend criteria, downgraded. Please click on our LOYAL T link at the bottom of the page for more information.

B. You will not be enrolled as a member based solely on a purchase of tobacco products or alcoholic beverages in some jurisdictions.

III. PRIVACY AND DATA PROTECTION

1. If you are a European Customer

A. DFS, as "Data Controller", is committed to protecting your personal data. We will process your data for the performance of your Loyal T Program with Us, to comply with our legal obligations, or on the basis of our legitimate interest, such as to conduct research, and statistical analysis in relation to our Products. With your consent, which is free and facultative, We may also use your data for marketing purposes, or to send you communications. In this circumstance, on the basis of our legitimate interest, We will perform an automated processing of your personal data for the purposes of analysis & communications based on your shopping preferences and interest, where you have consented to receive such communications. The Data Controller may communicate your personal data to other companies of the DFS Group, including DFS Italy, 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 We 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 dpo@dfs.com or dfs. legal@dfs.com.

B. If there is any inconsistency between the different language versions of these LOYAL T Terms, the Italian version of the LOYAL T Terms shall prevail.

2. If you are not a European Customer

A. By completing the Customer Enrolment Form, submitting it to us, you agree that you provide your personal information voluntarily for the purposes of processing your enrolment in the Program and to enable DFS to provide you with benefits and services under the Program. You have the right to request access to and correct your personal information. Please refer to the DFS Privacy Policy posted on the relevant DFS Platform for details.

B. We intend to use and transfer your personal information for (i) direct marketing and (ii) market research, but only if you consent. By providing your personal information on the Customer Enrolment Form, - submitting the Customer Enrolment Form to us, and by ticking the box provided on the Customer Enrollment 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“, you consent that:

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

(ii) DFS may transfer your personal information to any DFS Group companies for use by them in direct marketing for the above products and services, and

(iii) DFS may send your 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 you for such consumer research purpose.

C. You may withdraw your consent to the use of your 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.

T GALLERIA BY DFS GIFT CARD TERMS & CONDITIONS

I. NON-US LOCATIONS

1. Location: T Galleria by DFS Gift Cards ("GC(s)") 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.

2. Value: The GC must be purchased at the values below:

Hong Kong: HKD 300 or above, to the nearest HKD 1

Macau: MOP 300 or above, to the nearest MOP 1

Singapore: SGD 50 to 999, to the nearest SGD 1

Okinawa: JPY 5,000 or above, to the nearest JPY 100

Adding value to GCs after purchase is not allowed.

3. Validity Date: GCs have a validity of 12 months from its date of purchase, after which GCs expire without notice and any unused balance will be forfeited. GCs are not effective after their expiration date and cannot be reactivated for future use.

4. 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.

5. 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.

6. LOYAL T status dollars and Points will not be accumulated when using GCs to make payment.

7. No privilege discounts or promotions: GCs cannot be used in conjunction with privilege discounts. Promotions do not apply to GCs unless specified.

8. Regulated product purchases: GCs may not be redeemed for the purchase of regulated products such as tobacco and alcoholic beverages where applicable law prohibits such redemption, or if DFS decides in its sole discretion not to allow such redemption, in any jurisdiction(s) from time to time.

9. If Lost, Stolen, or Tampered With: 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.

10. Purchase and/or use of the GCs entails the full acceptance of these terms and conditions, which have been made available upon purchase of GCs, and which are also available at T Galleria stores and/or on relevant DFS Platforms. DFS reserves the right to change these terms and 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.

2. US LOCATIONS (INCLUDING GUAM AND SAIPAN)

1. Location: T Galleria by DFS Gift Cards ("GC") are redeemable in full or partial payment for goods sold in T Galleria by DFS Stores in the United States, including Guam, Saipan and participating DFS airport locations, excluding select brands and products, if any, as determined by DFS from time to time in its sole discretion.

2. Value: The GC must be purchased at a value of USD 50 – 2,000, to the nearest USD 1.

3. No Expiration Date: GCs do not expire.

4. LOYAL T Status Dollars and Points will not be accumulated when using GCs to make payment.

5. No privilege discounts or promotions: GCs cannot be used in conjunction with privilege discounts. Promotions do not apply to GCs unless specified.

6. Regulated product purchases: 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.

7. If Lost, Stolen, or Tampered With: 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.

9. Purchase and/or use of the GCs entails the full acceptance of these terms and conditions, which have been made available upon purchase of GCs, and which are also available at T Galleria stores and/or on relevant DFS Platforms. DFS reserves the right to change these terms and 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.

PRICE MATCH GUARANTEE - ON SELECTED ITEMS - LOWEST PRICE IN ASIA (HONG KONG AND MACAU)

We strive to maintain competitive pricing. If you find a lower price on an eligible product that is physically sold in a DFS store in Asia and see a Price Match Guarantee sign, please approach a DFS store employee and ask for a Price Match. The following Terms and Conditions apply:

1. Same SKU: This price must be found for the exact same SKU product as the product physically present in the DFS store. DFS employees have final discretion on this decision.

2. Same Type of Store: For price matches at DFS airport stores, the price must come from another airport store. For price matches at T Gallerias, the price must come from a non-airport shopping location. Due to their nature, auction websites like eBay and marketplaces like Amazon are excluded.

3. Source of Product: The product must be currently available for purchase at the time of the price check, and not out of stock, on either a: (i) online or offline shopping portal available to the general public, such as a website, online app, shopping magazine, that has a shopping facility and ability to take payment where the price of delivering the product to anywhere in Asia, inclusive of taxes, shipping and other fees, is lower than the product physically present in the DFS store; (ii) a physical store receipt where the store is located in Asia, where the product price, inclusive of taxes, shipping and other fees, is lower than the product physically present in the DFS store.

4. Eligibility: We will only accept one price match request per item. Products sold outside of Asia do not qualify. Typographical pricing errors will not be matched.

5. Transferability and No Cash Value: Price Match Guarantee discounts cannot be transferred to a different customer. Price Match Guarantee discounts have no cash value and have no other value other than a discount to the particular SKU of product.

6. Reasonable Use Limits: Product SKU quantity purchases are subject to reasonable use limits which are imposed at the sole discretion of DFS and are subject to change at any time without notice.

7. Products or Promotions Not Available or Excluded: Products that are out of stock at the DFS store are not available for purchase. The Price Match Guarantee cannot be used in conjunction with any discount coupons, codes, promotions or clearance offers, and may not be used on every product. Please check with DFS store employees on exclusions.

8. Other Terms: DFS reserves the right to reject any claim for reasons including, but not limited to, violation of these Terms and Conditions, misrepresentations, fraud, abuse, or violation of any laws, physical, verbal, or other abuse, or other action in any other way that is detrimental to the Price Match Guarantee Program, as may be determined by DFS in its sole discretion. Interpretation of the Terms and Conditions and final determinations of eligibility shall be determined by DFS in its sole discretion. DFS reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms and Conditions, and/or to add, modify, restrict, suspend, discontinue, or cancel the Price Match Guarantee program without notice.