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

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

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

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

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

In these Conditions and unless otherwise specified:

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

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

DFS: means the entity DFS New Zealand Limited (327972) located at 22 Customs Street West, Auckland City 1010, New Zealand.

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

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

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

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

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

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

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

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

The Products are supplied at the Prices in force and are those which appear on the Site.

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

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

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

4.1 - Placing the order

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

· The Customer adds the Products to their shopping bag;

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

· The Customer enters their personal details;

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

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

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

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

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

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

· The Customer is redirected to the summary page with the order confirmation. An e-mail is sent to the Customer to confirm receipt of their order. If a deposit is paid and the order confirmation referred to in this step refers to a requirement to pay the balance of the Price of a particular Product, that balance will be paid by the Customer physically attending DFS’s store and cannot be paid at The Collection Point.

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

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

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

4.2 - Order validation

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

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

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

In the event of cancellation of the order by DFS:

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

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

4.3 – Customer to be liable

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

5.1 - Available payment methods

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

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

Adyen N.V. registered in the Netherlands under company number 34259528
Simon Carmiggeltstraat 6-50,
1011 DJ, Amsterdam,
The Netherlands

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

5.2 - Terms of payment

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

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

· The Customer enters the billing address;

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

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

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

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

5.3 - Campaign against fraud and unpaid debts

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

5.4 – Electronic invoice:

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

The Customer may purchase certain eligible non-duty free Products by authorizing payment of the full purchase price, or alternatively may authorize payment of a deposit in an amount specified by the customer. The Customer may elect to receive delivery of those Products at the T Galleria by DFS Auckland, upon payment of any unpaid balance of the purchase price. Alternatively, if the purchase price has been fully paid, the Customer may request the Products to be delivered to a valid street address (not a post office box) in New Zealand. A minimum purchase amount may apply in order to qualify for street address delivery.

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

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

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

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

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

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

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

9.1 – Conditions

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

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

9.2 - Methods

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

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

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

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

9.3 - Verification of returned Products

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

At the end of the check, and only if the return has been made in accordance with the stipulations of Article 9.1 of the Conditions, DFS will make a refund to the payment method used when ordering, within a maximum period of 15 (fifteen) working days.

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

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

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

11.1 - Guarantee as to acceptable quality

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

11.2 - Guarantee as to fitness for purpose

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

11.3 – Guarantee relating to the supply of Products by description

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

11.4 - Return of a defective or non-compliant Product

In the event of a defective or non-compliant Product, the Customer may contact Customer Service. After opening a claim, the Customer will if they wish to do so return the Product in accordance with these Conditions. DFS will confirm if it accepts the claimed defect or non-compliance of a returned Product falls within one of the statutory guarantees referred to above or otherwise prescribed by the Consumer Guarantees Act within a reasonable period of time and, if applicable, will apply the guarantee invoked.

11.5 – Express warranties by manufacturers

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

11.6 – No further guarantees

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

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

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

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

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

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

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

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

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

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

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

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

16.1 - Modifications

DFS reserves the right to modify these Conditions without notice.

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

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

16.2 - Partial invalidity

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

16.3 - Convention of proof

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

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