IMPORTANT NOTICE: In accordance with the Governor's Executive Order 2020-28, pick-up and delivery services are suspended until further notice.

Terms & Conditions

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 GUAM LP, with its offices at 1296 Pale San Vitores Road, Tumon Guam 96913 (together with its affiliates “DFS”, “We” or “Us”), email shop-guam@dfs.com through the website https://shop-guam.dfs.com (“DFS Platform”);
(ii) your purchase of any products through the DFS Platform for pickup and home delivery.
2. 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 making purchase of products offered by DFS.
3. 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 or making any online purchase through the DFS Platform.
4. Should you have any questions concerning these Terms, please contact shop-guam@dfs.com.

II. USE OF DFS PLATFORM
1. Registration
A. Unless specified otherwise in the DFS Platform, it is not mandatory for you to register a DFS account with Us using a valid email address in order to access the DFS Platform. Any personal data you provide to Us will be collected and processed in compliance with our 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. You must be 18 years old to use the DFS Platform.
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 DFS Platform
A. If you do register for a DFS account with Us and 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 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 Feedbacks
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.

III. PURCHASE OF ITEMS ON DFS PLATFORM
The following provisions apply to DFS Guam 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 USD 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. 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 and/or other payment methods available from time to time.
D. All transaction payments will be charged in USD (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 send an order confirmation to you via e-mail ("Order Confirmation").
B. To cancel or change the pre-selected collection date, please contact our Customer Service Team at 671-488-8851 or email shop-guam@dfs.com. We are available from Monday to Friday, between 10:00am to 5:00pm. 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.

5. Store Pickup: 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 at the T Galleria by DFS, Guam 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 671-488-8851 or email shop-guam@dfs.com. 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 US 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, you may either: (1) contact our Customer Service Team at 671-488-8851 or email shop-guam@dfs.com 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. Delivery
A. Your order will be delivered to Your home address in Guam (limited to 4 areas: Tumon, Tamuning, Hagatna, and Barrigada Heights).
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. extreme weather condition), 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.
E. If the order is not received upon initial delivery, please pick up your order at our store. No re-delivery is available.
F. Delivery is not available for Employee purchases.

7. Acceptance of Products
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.

8. 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, COR II) may cause a delay in the delivery of your order.

9. Gifts with Purchase, Promotion Codes, Discount Offers
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.
D. Discount offers cannot be used in combination with Employee Discount

10. 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.

IV. 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 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, 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 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); and II.4. (for violation of proprietary rights); II.6.A. (for unauthorised use by others of your account and failure to report any abuse).

3. Governing Law and Disputes
A. These Terms and any Order Confirmations arising therefrom, shall be governed by and construed and interpreted in accordance with the laws of the State of New York, USA.
B. Any dispute arising out of or relating to these Terms and/or Order Confirmations, including the breach, termination or validity thereof, shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Administered Arbitration (the “Administered Rules” or “Rules”) by a sole arbitrator. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. The place of the arbitration shall be New York, New York.

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.