DFS Galleria Terms and Conditions of Use

I. General
Your use of the online services available from DFS Group L.P. and its affiliates, and representatives (collectively “DFS Galleria”, which is also used to refer to this Web site), as well as your related account, is subject at all times to our Terms and Conditions of Use (Terms) and our Privacy Policy.

We may update or revise the Terms from time-to-time, and such revision shall be effective immediately upon posting the new Terms on DFS Galleria. By continuing to use DFS Galleria after revised Terms are posted online, you indicate your acceptance of all revisions. If you disagree with the revisions made to the Terms, or to any of the provisions of the Terms, you must discontinue your use of DFS Galleria and our online services and cancel any DFS Galleria account or online services for which you have signed up. The Terms, the Privacy Policy and any posted rules or instructions regarding any transactions constitute the entire agreement between you and DFS Galleria regarding your rights and obligations in respect of your access to DFS Galleria and use of our online services. If you have questions about these Terms, please contact webmaster@dfs.com.


II. Online DFS Galleria Account Registration
DFS Galleria's registration process requires you to create an account. You acknowledge and represent that you will provide truthful and accurate information in creating your DFS Galleria account.

You are solely responsible for all activity on your DFS Galleria account and for the security of your computer system. Any activities undertaken through your DFS Galleria account, regardless of whether undertaken by yourself or by a third party, with or without your authorization, are your responsibility and you assume all liability for losses incurred by and any resulting damages to DFS Galleria, except where such losses are due to DFS Galleria's intentional actions or gross negligence. If you know or suspect that your DFS Galleria account or the password is being used by others, you are obligated to report such use to DFS Galleria at webmaster@dfs.com. Your DFS Galleria account is subject to termination if you or anyone using your DFS Galleria account violates these Terms or any applicable laws and regulations. If your DFS Galleria account is terminated, you may not re-join DFS Galleria without our express written permission. If you wish to rejoin DFS Galleria after the termination, please contact us at webmaster@dfs.com.


III. Usage of DFS Galleria Account
You acknowledge that any use of DFS Galleria or the online services in violation of these Terms or any fraudulent, abusive or otherwise illegal activity made by you or through your DFS Galleria account shall be grounds for immediate termination of your right to access, browse and use DFS Galleria and our online services. DFS Galleria reserves the right to terminate your access to DFS Galleria and its content and use at any time, with or without notice.

You may cancel your DFS Galleria account by delivering written notice to DFS Galleria's Service Center, Address: DFS Group L.P., 525 Market Street, 31st Floor, San Francisco, California 94105-2708, USA or email webmaster@dfs.com. In the event that your account is terminated or canceled, you will have no further access to your account or any DFS Galleria content.


IV. Access and Interference
We grant you a limited, revocable and non-exclusive license to access and personally use DFS Galleria for purposes of using our online services. This license does not include any sale, resale or other commercial use of DFS Galleria or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of DFS Galleria or its contents; any downloading or copying of DFS Galleria account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.

You are not allowed to download (other than page caching) or modify DFS Galleria, or any portion of it, without the express written consent of DFS Galleria. Except for the above license, DFS Galleria or any portion of DFS Galleria may not be reproduced, sold, resold, visited, or otherwise exploited without express written consent of DFS Galleria. You may not use any means, including but not limited to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DFS Galleria or of the third parties associated with any of the product items available on DFS Galleria, without express written consent of DFS Galleria and the relevant third party. You may not use any meta tags or any other "hidden text" utilizing DFS Galleria's name or trademarks without the express written consent of DFS Galleria.

You agree that you will not use any robot, spider, scraper or other automated means to access DFS Galleria for any purpose without our express written permission.


V. Proprietary Rights
Copyrights in DFS Galleria are owned by DFS Galleria. DFS Galleria may include photographs and descriptions of products and their manufacturers or suppliers, the copyrights of which may be owned by DFS Galleria or its licensors, but the copyrights in DFS Galleria as a whole are owned by DFS Galleria. Although the contents of DFS Galleria may be viewed and cached for the purpose of shopping at DFS Galleria, it may not be reproduced, distributed, altered or otherwise exploited without first obtaining the written permission of DFS Galleria and its licensors. The rights in the trademarks, trade names, domain names and product names contained on DFS Galleria are owned by DFS Galleria or its licensors. Any use of the trademarks, trade names, domain names and product names without express written consent of DFS Galleria and the owners of the brands is strictly prohibited.

All other intellectual property rights in the contents of and software for DFS Galleria are owned by DFS Galleria or its licensors. Misuse of any intellectual property rights is strictly prohibited. If necessary, all appropriate action will be taken to ensure the protection of DFS Galleria’s rights and those of its licensors.


VI. Links to Third-Party Sites
DFS Galleria may include hyperlinks to sites operated by third parties, including advertisers and other content providers. Those sites may collect or solicit personal data from you. DFS Galleria is not obligated to and does not monitor or control such sites, and is not responsible and provides no warranty with respect to their content, privacy policies or for the collection, use or disclosure of any information those sites may collect.


VII. Fraud Protection
We screen all placed orders for fraud and other types of unauthorized or illegal activity, and if we suspect such activity, we reserve the right to refuse to process an order and to cancel any DFS Galleria accounts. These measures are intended to protect our customers, affiliated parties as well as ourselves from fraud and other unauthorized or illegal activity.


VIII. Limitations on Warranty and Liability
DFS GALLERIA, ITS CONTENTS AND THE 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 GALLERIA, AND THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON DFS GALLERIA. TO THE FULLEST EXTENT PERMITTED BY LAW, DFS GALLERIA DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO ALL, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, DFS GALLERIA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA DFS GALLERIA IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. DFS GALLERIA WILL NOT BE LIABLE FOR ANY LOSSES AND DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF DFS GALLERIA IN VIOLATION OF THESE TERMS, UNLESS SUCH DAMAGES DIRECTLY RESULTED FROM OUR INTENTIONAL 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, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

This disclaimer in no way affects the terms of any manufacturer's or third party seller's warranty, if any, related to the goods purchased via DFS Galleria.


IX. Other Legal Terms
You understand and agree that the Terms 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 is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties, and the remaining portions shall remain in full force and effect.

If you violate our Terms, we may immediately terminate any and all DFS Galleria accounts that you have established. You acknowledge that DFS Galleria is not required to notify you before terminating your DFS Galleria account.


X. Governing Law
The execution, validity, interpretation and exercise of these Terms and the resolution of any disputes hereunder shall be governed by the laws of the State of California, USA.


XI. Dispute Resolution
By accepting the Terms, you agree and acknowledge that any dispute relating in any way to your visit to DFS Galleria, use of the online services, or to products you purchase from DFS Galleria shall be resolved by negotiation in good faith. If the negotiation does not result in resolution within 45 days of the notice, the parties shall endeavor to resolve the dispute by mediation. Any dispute which remains unresolved 90 days after appointment of a mediator, or if the parties are unable to agree on a mediator or the mediation procedures, shall be resolved by binding arbitration by a sole arbitrator in accordance with the CPR Institute for Dispute Resolution Rules for Non-Administered Arbitration, unless otherwise expressly agreed by the parties in writing. (CPR is a nationwide organization promoting “alternate dispute resolution” administered by the parties, instead of by an organization. Its rules are at www.cpradr.org.) The arbitration shall take place in San Francisco, California. 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.


XII. Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding DFS Galleria, our online services and these Terms. Any information, materials, suggestions, ideas or comments sent to DFS Galleria will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are expressly granting DFS Galleria an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, DFS Galleria will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.


XIII. Product Availability and Price Changes
At DFS we update our selections often to bring you the latest from the luxury brand you love. Please note that the availability of merchandise shown and prices can change without notice.


XIV. Errors and Inaccuracies
It is possible that DFS Galleria website occasionally contains typographical errors omissions or out of date information which relate to pricing, product information and availability. We reserve the right to correct any errors, omissions or out of date information at any time.



I. Our Privacy Policy
DFS Group L.P. and its affiliates and (collectively “DFS Galleria”, which is also used to refer to this Web site) respect the privacy rights of our online visitors. It is our highest priority that the information collected from you is protected. We have adopted a corporate-wide Privacy Policy ( Policy) to guide how we collect, store and use the information that we obtain from you online through DFS Galleria. Furthermore, we encourage you to periodically review this page to stay informed on how we protect your information.

DFS Galleria adheres to the Safe Harbor Principles that were established by the United States (US) Department of Commerce, in consultation with the European Commission, to comply with the European Commission’s Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals With Regard to the Processing of Personal Information and on the Free Movement of Such Information on Information Protection that went into effect on 25 October 1998.

This Policy is subject to all governing laws and regulations regarding privacy protection, including without limitation, the US Children’s Online Privacy Protection Act of 1998, the US Children’s Online Privacy Protection Rule, and other relevant laws and regulations.

DFS Galleria may contain links to third-party sites. Please be aware that DFS Galleria does not control these third-party sites, or the companies and/or individuals who maintain them. We are not responsible for the actions of these companies or individuals, or for any of your personal information that you provide to such third parties. DFS Galleria cannot guarantee that these third parties will adhere to our privacy and security practices.

During your visit to DFS Galleria, certain personal information is obtained at your discretion to enhance your viewing experience. You may still browse DFS Galleria without telling us who you are or revealing any personal information about yourself, but please note that some of our services may not be available if you withhold personal information. However, once you give us your personal information, you are not anonymous to us. Upon your acceptance of this Policy and the Terms and Conditions of Use when registering with DFS Galleria, you expressly consent to the collection, storage, usage and disclosure of your personal information as described in this Policy. For more information about the terms of use for DFS Galleria, please visit our Terms and Conditions of Use.


II. Your Personal Information
Depending on how you use DFS Galleria, we may ask you to share personal information with us. For purposes of this Policy, "personal information" means any information relating to an identified or identifiable individual, including you, and which may be used to contact you online or offline. More specifically, your personal information may include, but is not limited to: (1) your name, date of birth and telephone number; (2) information about your consumption habits, family, and financial status; (3) your gender; and (4) Email address. We also ask (5) where you heard about us, (6) your preferred language of communication, and (7) whether you would like to receive exclusive promotions, new product information, trend reports, and fashion news from DFS Galleria.

Collecting of Personal Information
Our primary purpose in collecting personal information is to enhance your overall DFS Galleria experience. Specifically, we may use your personal information to, among other things:

• provide the services and customer support that you request;
• customize, measure, and improve our services and DFS Galleria's content and layout;
• prevent potentially prohibited or illegal activities;
• enforce our Terms and Conditions of Use;
• tell you about targeted marketing, service updates, and promotional offers based on your communication preferences; and compare information for accuracy, and verify it with third parties; and
• resolve disputes, protect our legal and proprietary rights, collect fees and troubleshoot problems in relation to activities that occur through DFS Galleria.

Visit Information. We automatically track the usage of DFS Galleria. We profile site usage by tracking the DFS Galleria pages viewed, the previous and following sites visited, the browser used and the computer's internet protocol address. This information is used to analyze trends and monitor usage statistics.

Registration Information. In order to reserve products, you must first complete the registration form. During registration, you are required to give certain registration information (i.e., name, email address, postal address and telephone number) and create a password. This information is used to contact you about the services on DFS Galleria for which you have expressed interest.

You may opt-out of receiving communications from us and having your contact information recorded during registration, or at any other time, by emailing us at webmaster@dfs.com, or by writing us at: DFS Group L.P., 525 Market Street, 31st Floor, San Francisco, California 94105-2708, USA. We will contact you from time to time with information on exclusive offers and promotions

Transactional Information. To reserve an item on DFS Galleria, you must provide certain information including your name, address and telephone number, as well as information regarding the reserved item. You may also be requested to supply information regarding your length of stay in destination, date of arrival and departure.

Cookies. We use "cookies" (small pieces of information sent to your computer) on certain pages of DFS Galleria to help analyze our web page traffic, customize our services, measure promotional effectiveness, and maintain internet security.

A few important things you should know about cookies:

• We offer certain features that are only available through the use of cookies. You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of DFS Galleria.
• We use cookies to help identify you and maintain your signed-in status.
• Most cookies are "session cookies," meaning that they are automatically deleted from your computer at the end of a session.

Viewing and Changing Personal Information
You are entitled to request to review, supplement, complete, delete and /or amend your personal information. Further, you are entitled to request the cessation of any computer processing or other use of your personal information.

We may refuse the above requests if the disclosure of such personal information: cannot be provided in accordance with applicable law; may interfere with any government officials in carrying out their duties; or may endanger a third party's life, freedom, property or other legal interests.


III. Storage of Personal Information
Your personal information may be stored, transferred to, used, processed or held by DFS Galleria in the US and in other countries, and used for the purposes set out in this Policy.


IV. Safeguarding Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your personal information.

We urge you to protect your own privacy. We recommend that you do not share your password or personal information with anyone.

We realize that our customers trust us to protect their personal information. We take that task seriously. UNFORTUNATELY, DESPITE OUR INTENSIVE EFFORTS, THERE IS ALWAYS A RISK THAT THIRD PARTIES MAY UNLAWFULLY INTERCEPT TRANSMISSIONS. THIS REALITY IS TRUE OF ALL INTERNET USE. AS A RESULT, WE CANNOT COMPLETELY ENSURE THE SECURITY OF ANY INFORMATION YOU TRANSMIT. TRANSMISSION OF ANY INFORMATION IS AT YOUR OWN RISK.

If you have any questions about the security at DFS Galleria, you can email us at webmaster@dfs.com


V. Principles of Disclosure of Personal Information
We may disclose personal information to respond to legal requirements, or protect anyone's rights, property, or safety.

We may also share your personal information with:

• other luxury goods and services companies in respect of registration information, if we provide an option for you to “opt in” to choose to receive communication and special offers for these companies;
• our corporate affiliates to help detect and prevent potentially illegal acts and provide joint services;
• service providers under contract who help with our business operations, such as fraud investigations, bill collection, affiliate and rewards programs and co-branded bank cards.
• reputable third-party vendors for aggregate statistics about our customers, sales, traffic patterns, and related DFS Galleria information. These statistics will not include personally identifiable information;
• other third parties to whom you expressly ask us to send your information; and
• law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity.

Without limitation to the above, in an effort to protect your privacy, we will not otherwise disclose your personal information to law enforcement, other government authorities or other third parties without a subpoena, court order or substantially similar legal mandate, except where such disclosure meets any of the following circumstances:

1. for the purpose of protecting official or public interests;
2. for the purpose of protecting your life, body or property from any urgent danger;
3. for the prevention of serious harm to other legal rights or interests if and when necessary by us in our sole discretion; and
4. upon your prior written consent.

VI. Opt-out Policy
When we first collect your personal information, you have the opportunity to receive exclusive promotions, new product information, trend reports, and fashion news from DFS Galleria. If, at a later date, you choose to have your name removed from our mailing list, you can do so by writing to webmaster@dfs.com or by clicking the unsubscribe link on our e-mail offers and newsletters.

To report DFS Galleria related spam or spoof emails, please forward the email to webmaster@dfs.com.


VII. A Special Note about Protecting Children’s Privacy
DFS Galleria encourages parents to supervise their children’s internet activities. We urge parents to educate and remind their children to never give out their real names, addresses or phone numbers, without permission, when using the Internet. Accordingly, DFS Galleria recognizes a special obligation to protect personal information obtained from young children. Therefore, no information should be submitted nor posted to DFS Galleria by children under 13 years of age. In order for children 13 years old and under in such jurisdictions to participate in online activities that require registration, we require prior written permission or other verifiable consent from a parent or guardian.

If for any reason you are concerned that your child's personal information maintained by DFS Galleria is incorrect or incomplete, and you wish to have your child's personal information be updated, amended or erased from our records, or if you want DFS Galleria to discontinue further collection or use of your child's personal information, please contact us by mail and we will be happy to review, update or remove your child's information as appropriate.


VIII. Policy Updates We encourage you to review this Policy periodically. We may revise this Policy from time to time by posting the amended terms on DFS Galleria. All amended terms automatically take effect immediately after they are posted on DFS Galleria. Your continued use of DFS Galleria after a revised Privacy Policy is posted signifies that you accept all such revisions.


IX. Any Questions? If you have any questions about this Policy, or the content or practices of DFS Galleria, you can contact us directly at: DFS Group L.P., 525 Market Street, 31st Floor, San Francisco, California 94105-2708, USA.


Last updated: [December, 2008]