Terms & Conditions Venice

 

I. GENERAL

A. These General Terms and Conditions (“Terms and Conditions”) govern your use of the online services offered by DFS Group Limited (“DFS”) and its affiliates, as well as your related registrations on DFS’ online platforms.

B. We may update or revise these Terms and Conditions from time to time, and such updating and/or revisions shall be effective immediately upon publication of the amended version (“New Terms and Conditions”) on DFS.com. Your subsequent usage of DFS.com is deemed your full acceptance of the New Terms and Conditions. If you disagree with the New Terms and Conditions or any part of them, please refrain from using DFS.com and our online services and promptly cancel any DFS.com registration and/or personal account.

C. The Terms and Conditions, the Privacy Policy and any other rules and instructions posted from time to time on or regarding DFS.com constitute the entire agreement between you and DFS regarding your rights and obligations relating to your access to DFS.com and use of our online services. 

D. Should you have any questions concerning these Terms and Conditions or the Privacy Policy, please contact:

Eric Davis, DFS Data Protection Officer at 8/F, Chinachem Golden Plaza, 77 Mody Road, Tsimshatsui East, Kowloon, Hong Kong or via email at dpo@dfs.com

E. These Terms and Conditions were written in the English language. In case of any discrepancies between the English version and any translated version of these Terms and Conditions, the English version shall prevail.

II. ONLINE REGISTRATION

A. DFS.com may offer you the option to register. In order to do so, we will ask you to provide us with your personal data. You are not required to register or to provide us with your personal data. However, if you do, your personal data will be treated and processed in full compliance with our Privacy Policy and applicable laws.

B. You represent and warrant that you will provide truthful and accurate information when you register with DFS.com.

C. All activities undertaken under your registered account via your computer system, 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 and Conditions or applicable law.

III. USAGE OF DFS.COM

A. If you know or suspect that your DFS.com registration or your password is being misused or your password has been stolen, you must notify us promptly, DFS Group Limited, Attn: Digital Team, Chinachem Golden Plaza, 8th Floor, 77 Mody Road, Tsimshatsui East, Kowloon, Hong Kong or via email to dpo@dfs.com. We reserve the right to terminate your DFS.com registration if you violate these Terms and Conditions or permit anyone else to do so. If your DFS.com registration is terminated, you may not register again without our written consent.

B. You may cancel your DFS.com registration at any time by sending written notice to DFS Group Limited, Attn: Digital Team, Chinachem Golden Plaza, 8th Floor, 77 Mody Road, Tsimshatsui East, Kowloon, Hong Kong, or via email to dpo@dfs.com.

IV. ACCESS AND INTERFERENCE

A. We grant you a limited, revocable, non-transferable and non-exclusive license to access and use DFS.com registration solely for personal, non-commercial purposes. In other words, you may not: sell, resell or exploit your DFS.com registration for commercial purposes, including, but not limited to, any collection and reproduction of any product listings or descriptions; make any derivative use of DFS.com 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.

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 DFS.com without 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.

V. PROPRIETARY RIGHTS

A. Copyrights in DFS.com are owned by DFS. DFS.com may include photographs and descriptions of products and images provided by their manufacturers and suppliers, the copyrights of which may be owned by them, but the copyrights in DFS.com as a whole are owned by DFS. Although the contents of DFS.com may be viewed and cached to create a personal product or gift wish list, it 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 DFS 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 DFS.com are owned and reserved by DFS or its licensors.

VI. ONLINE PRE-ORDER

A. Prices

A.1. The prices payable for the products that you order are specified on the relevant Item Description Page. Prices on DFS.com may change without notice from time to time.

A.2. All Product prices shown on the Website are listed in Euros and inclusive of any applicable Italy VAT.

A.3. Prices shown in Currency Converter are for reference only.

B. Products

B.1. Products shown on the Item Description Page are subject to availability in DFS’ shops. However, DFS does not guarantee the availability of such products.

C. Placement of Orders

C.1. You may place an order on DFS.com by creating a DFS.com account or proceeding as a guest user.

C.2. You may select products to order by navigating to the relevant Product Description Page and clicking "Add to Bag".

C.3. To place an order, you must enter the following information in the mandatory fields:

C.3.1. Full name (as indicated in your passport)

C.3.2. Date of birth

C.3.3. Contact information (including email address, mobile number)

C.4. After the information has been entered, proceed to "Checkout". No purchase price is payable on DFS.com. We will collect the purchase price from you when you pick up the order in the store.

D. Order Confirmation, Acceptance and Cancellation

D.1. After placing an order, you will receive an email from DFS.com acknowledging that DFS has received your order. Please note that this does not mean that your order has been accepted.

D.2. If you have opted-in for an Order Reminder, you will receive an email or SMS (your “Order Reminder”) confirming that the products you ordered are ready for pick up upon your arrival at the T Fondaco Dei Tedeschi by DFS.

D.3. You may cancel your order at any time before your pre-selected pick up day via the “Manage Orders” portion of DFS.com or by contacting our Customer Service Team at +xxxxxxxxxx. No cancellation fees apply.

D.4. 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 delivery of the product to you, for any reason including, but not limited to: (a) your ineligibility to order the products according to these Terms and Conditions; (b) the unavailability of any products that you ordered; (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 does not guarantee the accuracy of the product description or price, and reserves the right to correct or update such information at any time. DFS shall have no liability to you and you have no claim against DFS if DFS declines, cancels, does not accept or revokes acceptance of your order.

E. Picking Up Your Order; Automatic Order Cancellation

E.1. Your order will be available for pick-up at the collection counter indicated in the Order Confirmation and, if you have elected to receive it, the Order Reminder. 

E.2. You will be requested to pay for your order upon collection by cash (Euros only), gift cards accepted by DFS, Visa, MasterCard, American Express, WeChat Pay or Alipay.

E.3. The price and promotion listed on DFS.com at the point of ordering will be honored when you pick up your order, subject to clause D.4 above.

E.4. In order to pick up the products you must present your Order Confirmation and passport, which must match the information that you provided when you placed your order. If you do not collect your order within 24 hours after your scheduled pickup time, we will attempt to contact you to inquire if you intend to pick up your order.

E.5. If within 72 hours after your scheduled pick up time you have not collected your order, it will be automatically cancelled.

F. Non-Conforming Orders

F.1. DFS warrants that the products that 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.

F.2. When you pick up your order at the collection counter, please confirm that the products conform to your order. You will be asked to confirm in writing that the products that you pick up at the collection counter 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 on hand in the store. If we are unable to do so, your order will be cancelled. 

G. Gifts with Purchase; Promotion Codes

G.1. If DFS.com offers promotional gifts to be picked up 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.

G.2. If DFS has issued promotion codes applicable to selected products shown on the Item Description Page, no more than one promotion code may be used when ordering the relevant product

G.3. Not all promotional offers available in DFS and “T Galleria” stores are offered by DFS.com.

H. LOYAL T

H.1. Purchases made on DFS.com are eligible to earn points in DFS’ LOYAL T.

H.2. LOYAL T points may not be redeemed for any order on DFS.com.

I. Security

I.1. You are solely responsible for protecting the confidentially of your login ID and password to access DFS.com, 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.

I.2. Any losses that you may incur by transmitting your credit card information to DFS shall be borne solely and exclusively by you. If you use a public computer, you agree to log out completely from DFS.com after your visit.

J. Age Restriction on Wines & Spirits Purchase

The wine & spirits pre-order service of T Fondaco Dei Tedeschi by DFS is only available to travelers over 18 years old and can only be purchased by travelers over the age of 18. To ensure DFS in compliance with the applicable laws and regulations, DFS reserves the right to request proof of age (with valid passport or ID card) for any traveler who appears to be under the age of 25. If you are ordering for another traveler to pick up on your behalf, the person who collects and pays for your order must also be the age of 18 or above.

VII. THIRD-PARTY SCAMS AND FRAUD

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

VIII. LIMITATION ON WARRANTY AND LIABILITY

A. At DFS.com, we update our selections often to feature the latest products from the luxury brands you love. Please note that the merchandise availability shown in DFS stores and on DFS.com can change without notice.

B. DFS.com, 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 DFS.com. To the fullest extent permitted by law, DFS disclaims all such representations and warranties, including, but not limited to, all warranties of merchantability and fitness for a particular purpose. In addition, DFS does not represent or warrant that the information accessible via DFS.com 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 DFS.com in violation of these Terms and Conditions, unless such damages result directly from our willful 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.

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

IX. OTHER LEGAL TERMS

A. You understand and agree that the Terms and Conditions and the Privacy Policy, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any third person or entity. If any part of these Terms or the Privacy Policy 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.

B. DFS reserves the right to terminate your access to DFS.com and its content and use at any time, with or without notice.

X. COMMENTS AND FEEDBACK

A. We welcome your comments and feedback regarding DFS, our online services and these Terms and Conditions. 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.

XI. GOVERNING LAW AND ARBITRATION CLAUSE

Italian laws governs all matters arising out of or relating to these Terms and Conditions, including without limitation, their validity, interpretation, construction, performance and enforcement.

Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding their existence, validity or termination, your use of DFS.com, and any the purchase and sale to you of any products via an order placed by you on DFS. com, which cannot be resolved by discussion between you and DFS, shall be referred to and finally resolved by arbitration under the Rules of the Milan Chamber of Arbitration, which Rules are deemed to be incorporated by reference into this clause.

LOYAL T PROGRAM TERMS AND CONDITIONS

The Membership Card (“Card”), issued by DFS, entitles you to the program benefits and rewards determined by DFS, subject to these terms and conditions. DFS reserves the right to change or discontinue the benefits and these terms and conditions at any time without notice.

You must sign the Card immediately upon receipt and 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. 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.

I. Reward Points

A. Points Earning and Redemption

1.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 at non-participating stores you will not be able to 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.

2. 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.

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

4. Please allow at least seven 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.

5. 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 six months after the date of purchase. Please allow four to six 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 enrollment

6. You must present the Card to redeem points. The sales associate 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.

B. Points Exceptions 

1. Points cannot be earned or redeemed for purchases at certain brand boutiques or to purchase certain branded products within participating DFS and T Galleria stores. The same applies when redeeming LOYAL T gift certificates, which may only be used to purchase items from select participating brands. For more details, 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.

2. Points cannot be earned or redeemed 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.

3. Points and/or status dollars cannot be earned, and no points 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 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).

4. 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.

C. 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.

D. Points expiry and account termination - Your account and all points in your account will expire if you make no purchase at DFS and T Galleria stores for a period of twenty-four (24) months. Either you may 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.

II. Membership

A. Tier Status. Each Cardholder is assigned to a membership tier upon enrollment. The membership tier is effective for 24 months. Based on your spending (not including your transactions on the date of enrollment or upgrade) 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.

III. Collection and use of your personal data

A. By completing the Customer Enrollment Form, signing it and submitting it to us, you agree that you provide your personal information voluntarily for the purposes of processing your enrollment 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 at dfs.com 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 Enrollment Form, returning the signed Customer Enrollment Form to us, and by ticking the box provided on the previous page “I hereby expressly consent that my personal data provided herein (including my name, contact information, demographic data, interests, purchase history and shopping preference) can be used for direct marketing (including by email, SMS, telephone and postal methods) and market research purposes and my personal data can be transferred to any DFS Group companies and/or market research companies for such direct marketing and market research purposes”, you consent that

1. 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 loyalty program and the following products and services: watches, jewelry, perfume and cosmetics, fashion and accessories, food and liquor;

2. 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

3. 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.

IV. Privacy notice pursuant to Section 13 Legislative Decree 30 June 2003 no. 196 consolidated (“Privacy Code”) ( Applicable to Italy only)

A. The company DFS Italia S.r.l., having its registered office at Milan, Corso Vene­zia no. 61., as Data Controller, hereby informs you that your personal data provided by filling in this form or otherwise collected as a result of its activities as Data Controller will be processed in compliance with applicable data protection laws and proper security measures, through electronic and manual instruments; procedures and methods for processing are determined in accordance with the following purposes.

B. Personal data will be processed to manage your enrollment in the DFS Loyal T Program ("Program"), to provide you with benefits and services under the Program and to manage activities related to the Program, including client relationship management, fraud prevention and fulfillment of applicable legal requirements. It is necessary to provide your personal data for these purposes; in case of denial, you will not be able to enroll into the Program. Data may be used to update and correct the information previously collected on you.

C. With your consent, which is free and facultative, in shops and online we may collect information on your purchase history, habits, preferences, and we may use these information for marketing purposes, surveys and market research via mail, e-mail, phone (also mobile), sms and mms, social network, chat with information regarding our products (such as watches, jewelry, perfume, cosmetic, fashion, food, liquor), services and promotions, events and similar initiatives that the Data Controller organizes or attends to, including invitations to such events. If you consent, we may also use personal data for profiling purposes, notably to define individual and group profiles and to send you communications based on your preferences and interests. You may always specify the contact channel your prefer opt out of receiving marketing communications through one or all of the communication channels above listed. It is optional to provide your personal data for marketing and for profiling purposes; denial thereof will have no consequences.

D. The Data Controller may communicate your personal data to third parties such as banks, public entities, third parties for corporate transactions and extraordinary operations, legitimate transferees under the law. Data may also be made available to providers of consultant, professional and technical services necessary to achieve the above purposes, generally as our data processors. We provide third parties only with the information necessary to perform their activities. Other companies of the DFS Group, even to the ones located in other countries not providing for an adequate level of data protection according to the standards set forth by the Privacy Code, may access you personal data for the purposes above specified acting as our data processors. We transfer your personal data to such third countries after adoption of the measures set forth by the Privacy Code for a legitimate transfer.

E. Access to personal data will be granted to personnel duly designated as persons in charge of the processing and Data Processors.

F. Pursuant to Section 5 of the Privacy Code, the Data Controller's representative established in Italy is Sebastien Delloye, Operations & Control Director, DFS Italia Srl, Castello 6073-30122 Venezia.

G. You can contact the Data Controller or its privacy representative in Italy to the above addresses or via email to Sebastien.Delloye@dfs.com or DPO@dfs.com to get the updated list of Data Processors and third recipients, as well as to exercise your statutory rights (pursuant to Section 7 of the Privacy Code), such as obtaining confirmation of the existence of data regarding yourself, verify their content, origin and accuracy, demand their integration, update, rectification, cancellation, anonymization, block as a result of a violation; you can also object to the processing for legitimate reasons, for example object processing for marketing purposes.

If there is any inconsistency between the different language versions of these terms and conditions, the English version shall prevail.

DFS interpretation of these terms and conditions shall be final.

GET THE PERFECT GIFT AT OUR PERSONALIZATION GIFT SHOP

(1) Only merchandise purchased from our Personalization Gift Shop ("Gift Shop") can be personalized. 

(2) We will not provide personalization services on merchandise that is not purchased from the Gift Shop.

(3) Merchandise and personalization services from the Gift Shop are not associated with any store promotional programs and cannot be redeemed as gifts with purchase, LOYAL T rewards, etc.

(4) Once Merchandise is personalized in any manner including without limitation, monogramming (hot stamp), embroidery, iron-on patches and printed (ribbons only), said Merchandise cannot be returned or exchanged.

(5) Hot stamping, embroidery and iron-on patches are performed by hand. Buyer agrees and fully accepts any imperfections and variations which may result as part of the manual craftsmanship.