MAIN DEFINITIONS

RECIPIENT: means the individual who is the holder of the GIFT VOUCHER.
GIFT VOUCHER: means the electronic medium associated with the SAMARITAINE E-GIFT CARD and on which a unique code appears.
CUSTOMER: means a non-trading individual who is at least 18 years of age and wishes to purchase, in whole or in part, a SAMARITAINE E-GIFT CARD on the WEBSITE.
PERSONAL DATA: means the list of first names, last names, postal addresses, email addresses, dates of birth and titles of the user.
SAMARITAINE E-GIFT CARD: means a prepaid account on the DFS website. Each SAMARITAINE E-GIFT CARD has a unique code. This prepaid account is associated with DFS' usual bank account and constitutes an advance for the benefit of the GIFT VOUCHER holder for any order from DFS.
STORE: refers to the Samaritaine department store located at 9 rue de la Monnaie, 75001 Paris.
SAMARITAINE or DFS: refers to DFS France SAS, a simplified joint-stock company with share capital of EUR 135,303,147, registered in the Paris Trade and Companies Register under number 537 758 583, whose registered office is located at 21 rue de la Monnaie, Paris (75001), which operates the department store and offers for sale its SAMARITAINE E-GIFT CARD on the WEBSITE.
WEBSITE: means the interface accessible from the Internet and the SAMARITAINE website (www.samaritaine.com) at the following address: www.cartecadeau.samaritaine.com, allowing an Internet user to purchase a SAMARITAINE E-GIFT CARD.
USER: means any individual browsing the WEBSITE.

1 - SCOPE

These GENERAL CONDITIONS OF SALE AND USE OF THE SAMARITAINE E-GIFT CARD SERVICE (hereinafter referred to as the "CONDITIONS") govern the sale of SAMARITAINE E-GIFT CARDS and their use. The use of the WEBSITE implies implicit and unreserved acceptance of these CONDITIONS. If any provision of these CONDITIONS is found to be invalid, the remaining provisions of the CONDITIONS shall remain applicable. SAMARITAINE reserves the right to modify the CONDITIONS at any time. The USER will be able to read about this on the WEBSITE (link in the footer). Any use of the WEBSITE after modification of the CONDITIONS implies full and complete acceptance of the new version of the CONDITIONS.

2 - GENERAL DESCRIPTION OF THE SERVICE PROVIDED

2.1 The main purpose of the WEBSITE is to allow the online purchase of the SAMARITAINE E-GIFT CARD by a CUSTOMER. The main features include, but are not limited to, the following:

 1. The CUSTOMER can:

  a. Write a message to the RECIPIENT on the GIFT VOUCHER,

  b. Select to either print the GIFT VOUCHER or to send it to the RECIPIENT electronically, either immediately or at a later date, using an email address provided in advance by the CUSTOMER,

  c. Load credit onto the SAMARITAINE E-GIFT CARD using the following payment methods: credit/debit cards, Visa or Mastercard

 2. The RECIPIENT can use the GIFT VOUCHER to make purchases from SAMARITAINE in store only.

2.2 It is up to the CUSTOMER to carry out the following steps when ordering the SAMARITAINE E-GIFT CARD:

 1. The CUSTOMER must select a visual for the GIFT VOUCHER from several options,

 2. The CUSTOMER must provide the RECIPIENT's first name and last name,

 3. The CUSTOMER has the option to include a personal message to the RECIPIENT;

 4. The CUSTOMER selects 1 of the following 2 options:

  a. The GIFT VOUCHER is sent to the RECIPIENT by email to an address provided in advance, either immediately or at a later date as specified, or

  b. The GIFT VOUCHER is sent to the CUSTOMER by email to an address provided in advance, either immediately or at a later date, and then delivered to the RECIPIENT directly by the CUSTOMER;

 5. The CUSTOMER:

  a. Freely specifies the amount to be loaded onto the SAMARITAINE E-GIFT CARD, between €50 and €250, or

  b. Selects 1 of the predefined amounts suggested on the WEBSITE.

 6. The CUSTOMER provides their personal information (first name, last name, email address).

 7. The CUSTOMER confirms their acceptance of the CONDITIONS by checking the relevant box.

 8. The CUSTOMER proceeds to pay the amount selected in point 5 onto the SAMARITAINE E-GIFT CARD by choosing an available payment method and filling out all the necessary information.

 9. When the GIFT VOUCHER is received by the RECIPIENT, the RECIPIENT may use it for in-store purchases only within a period of one (1) year from the date of receipt.

As part of online fraud risk analysis, SAMARITAINE reserves the right to request proof of identity from the CUSTOMER. In the event of a request for identity documents, the order is suspended. The CUSTOMER is immediately informed via the confirmation page displayed following the payment and via the email address provided. SAMARITAINE reserves the right to refuse any online SAMARITAINE E-GIFT CARD order that is considered suspicious or abnormal. In the case of refusal, the payment is refunded within a maximum period of 5 working days via the same payment method.

3 - PERSONAL MESSAGE ADDED BY THE CUSTOMER

The CUSTOMER has the option to write a personal message that will appear on the GIFT VOUCHER. SAMARITAINE assumes no responsibility for messages written by the CUSTOMER and cannot guarantee their truthfulness. By adding content or information, the CUSTOMER irrevocably accepts the use of this content in order to process it for the purposes of the service. The information will be used in accordance with the privacy policy available at the following link: https://www.dfs.com/en/samaritaine/privacy-policy-samaritaine

Content added must not: (a) infringe the intellectual property rights of third parties; (b) violate any applicable law or regulation in France; (c) be defamatory, derogatory, insulting or threatening; and/or (d) be obscene or of a pedophilic nature. SAMARITAINE reserves the right, at its sole discretion, to remove any personal content added, with or without notice.

4 - PERSONAL DATA

4.1 Data collected by DFS, other than payment details, purposes of collection, retention periods

The data collected by DFS are listed in the table below. They are collected for the purpose of providing you with the gift card purchase service. As such, by using the service, the USER expressly agrees to the collection of this data in order to allow the purchase of a gift card. If this is not accepted, no gift card can be purchased and delivered to the USER.

DFS is the controller of this data. The data are retained for a period of time that allows:

• provision of the gift card service,
• spending of gift cards throughout their validity period,
• management of the transaction history on gift cards as well as after-sales and disputes
• analysis of fraud risks,
• compiling of statistics and improvement of service.

Context	Type of data	Retention period
Minimum data, systematically collected when purchasing a gift card and used for sending payment receipts and purchase confirmation emails.	First name, last name, email address	5 years
Additional data collected in the case of purchase of physical card for delivery	Postal address, telephone number	5 years
Optional data	A personalized written message provided by the buyer.	5 years
When purchasing a gift card, in the case of suspected fraud, the order is suspended until identity verification has been completed.	Electronic copy of the buyer's ID	13 months from the last check and 5 years if a risk of fraud is considered.
Data for fraud analysis, collected systematically when purchasing a gift card	IP address, session cookie ID	13 months from the last check and 5 years if a risk of fraud is considered.

4.2 Collection of bank payment data

Bank details are not collected by DFS but on a remote payment page managed by an authorized payment provider. The payment provider used by DFS is ADYEN.

4.3 Transfer of your data outside the EU

Since DFS is an international group that works with data processors located abroad, the recipients of your data may also be located abroad, in countries/regions where its activities take place such as Singapore, the People's Republic of China (PRC), Hong Kong and Japan (this list is not exhaustive).

In order to provide the best service, all DFS stores worldwide can check Loyal T account information and purchase history when a CUSTOMER visits the STORE to make a purchase.

Any transfer of data is governed by security measures, in particular contractual measures, in accordance with the regulations applicable to the protection of personal data. DFS has taken all reasonable steps to ensure the security and confidentiality of your data when it is accessed or stored in locations other than the one from which you access the DFS platforms.

4.4 Right to be forgotten, right to rectification of data and right to object to processing:

In accordance with the regulations on the protection of personal data, you have the right to limit processing as well as the right to object to such processing at any time. In addition, you have a right of access, rectification, deletion and portability of your personal data. You also have the right to define the fate of your personal data "post mortem." You can exercise your rights relating to personal data by contacting dpo@dfs.com. If, after contacting us, you feel that your rights are not being respected, you can submit a complaint to the CNIL (National Commission for Data Protection and Liberties).

5 - ISSUING AND SENDING OF THE SAMARITAINE E-GIFT CARD

Once the SAMARITAINE E-GIFT CARD is finalized, it is issued in the form of a GIFT VOUCHER sent by email to the email address provided by the CUSTOMER.

If the CUSTOMER selects the option:

• "Send by email," the RECIPIENT receives the GIFT VOUCHER to the email address provided by the CUSTOMER, or
• "To deliver," the CUSTOMER can print off the GIFT VOUCHER in order to give it to the RECIPIENT directly.

SAMARITAINE assumes no responsibility in the event that the GIFT VOUCHER is not received by the CUSTOMER and/or the RECIPIENT for external reasons beyond the control of SAMARITAINE, in particular in the following situations (non-exhaustive list):

• The email spam filter has blocked the attachment or redirected the message to the "Spam" or "Junk" folder.
• The firewall has blocked the message or attachment.
• The mailbox inbox has reached its capacity limit.
• The email address is invalid.

6 - SENDING OF THE SAMARITAINE E-GIFT CARD TO A RECIPIENT

When purchasing a SAMARITAINE E-GIFT CARD, the transfer of ownership takes place from SAMARITAINE to the CUSTOMER at the time of issue of the GIFT VOUCHER. The CUSTOMER bears full responsibility for sending the GIFT VOUCHER to the RECIPIENT, the third party of their choice, including when the CUSTOMER selects the option "Sent to a recipient by email." The use of the SAMARITAINE E-GIFT CARD as a means of payment is based on the use of a code printed on the GIFT VOUCHER (hereinafter referred to as the "CODE"). The CUSTOMER undertakes to keep the CODE and the GIFT VOUCHER secret.

SAMARITAINE cannot be held responsible for any error concerning the RECIPIENT, disclosure of the CODE by error or negligence on the part of the CUSTOMER, loss of the medium containing the CODE or fraudulent use of the CODE. As soon as the CUSTOMER transfers the SAMARITAINE E-GIFT CARD to a RECIPIENT, the latter is assumed to automatically accept the assignment and the CONDITIONS.

7 - VALIDITY PERIOD OF THE SAMARITAINE E-GIFT CARD

THE SAMARITAINE E-GIFT CARD is valid for one (1) year from the date of purchase. Beyond this period, expired E-GIFT CARDS are canceled and the unused balance is lost. The expiration date is also specified on the GIFT VOUCHER.

8 - USE OF THE SAMARITAINE E-GIFT CARD BY A RECIPIENT

The use of the SAMARITAINE E-GIFT CARD as a means of payment is based on the use of a CODE printed on the corresponding GIFT VOUCHER. The RECIPIENT undertakes to take all appropriate measures to ensure the security and confidentiality of this CODE.

SAMARITAINE cannot be held responsible in the event of loss of the medium containing the CODE, its disclosure by the CUSTOMER or fraudulent use of this CODE.

In the event of loss of the electronic medium of the GIFT VOUCHER, the RECIPIENT must contact the CUSTOMER in order to obtain a new electronic copy. If the CUSTOMER themselves has lost the electronic medium (following deletion, for example, of the email message containing it), the CUSTOMER may obtain an electronic copy by submitting a request via the contact link indicated in the footer of the WEBSITE. If necessary, the electronic copy will be resent to the CUSTOMER email address originally used for the purchase. Under no circumstances is it possible for the CODE to be reissued.

The General Conditions of Sale of SAMARITAINE as well as the associated guarantees apply automatically to purchases made in store using the balance available on the SAMARITAINE E-GIFT CARD.

It is also stated that:

1. The SAMARITAINE E-GIFT CARD can only be used in the SAMARITAINE store in 1 or multiple transactions, excluding in food courts and restaurants, for services, the purchase of gift cards and other exceptions as indicated in store.
2. The SAMARITAINE E-GIFT CARD cannot be resold, refunded or exchanged, including in the event of loss, theft or expiration. Gift card cannot be combined with any other Samaritaine gift card.
3. In the event that the balance on the SAMARITAINE E-GIFT CARD is insufficient to cover a purchase, an additional payment will be requested from the RECIPIENT in order to complete the transaction.
4. If, following a transaction, a remainder is left on the SAMARITAINE E-GIFT CARD, this remainder will continue to be valid until the expiration date of the SAMARITAINE E-GIFT CARD specified on the medium.
5. If items purchased with a SAMARITAINE E-GIFT CARD are returned, the amount of the SAMARITAINE E-GIFT CARD used to purchase the returned items will be credited back to the SAMARITAINE E-GIFT CARD.
6. SAMARITAINE reserves the right to refuse the purchase of the SAMARITAINE E-GIFT CARD in a quantity that may be reasonably determined as exceeding the personal needs of the CUSTOMER.

9 - CANCELLATION AND FULL REFUND OF A SAMARITAINE E-GIFT CARD

With the exception of the exercise of the right of withdrawal detailed below, GIFT VOUCHERS may not be resold, transferred for consideration or exchanged for cash under any circumstances.

In accordance with the provisions of Article L. 221-18 of the Consumer Code, the CUSTOMER has a period of fourteen (14) days from receipt of the SAMARITAINE E-GIFT CARD to notify SAMARITAINE of their wish to exercise their right of withdrawal, provided that the SAMARITAINE E-GIFT CARD has not been used, even partially.

A CUSTOMER wishing to exercise their right of withdrawal must submit a request via SAMARITAINE Customer Service, which can be accessed at the following address: contact.samaritaine@dfs.com. A withdrawal form is available in the APPENDIX to these CONDITIONS.

10 - VIOLATION OF THESE CONDITIONS – SUSPENSION OF THE WEBSITE

SAMARITAINE reserves the right to refuse to provide its SAMARITAINE E-GIFT CARD service, in particular for 1 of the following reasons:

1. In the event of a violation of these CONDITIONS,
2. If the actions of the USER are likely to cause financial or other damage to SAMARITAINE or a third party,
3. In the event of ongoing work on the WEBSITE, making it temporarily unusable.

11 - PRICES

The amounts of the E-GIFT CARDS available to purchase are displayed on the WEBSITE. Each purchase between €50 and €250 is allocated in full to the balance of the SAMARITAINE E-GIFT CARD.

12 - WARRANTY LIMITS

SAMARITAINE cannot guarantee the uninterrupted operation of the service and cannot be responsible for any unavailability, suspension or malfunctioning of the service, particularly during its maintenance, updating or in the event of a problem due to the Internet network. SAMARITAINE implements state-of-the-art means for preventing any fraudulent modification of the SAMARITAINE E-GIFT CARD.

However, USERS acknowledge that SAMARITAINE cannot be held responsible, except in the case of proven gross negligence, for damages resulting from:

1. intrusions or fraudulent alterations carried out by unauthorized third parties on the WEBSITE,
2. abnormally long response times or slow WEBSITE operation;

In any case, SAMARITAINE will not be liable for indirect damage suffered by the USER or by a third party due to the USER, in particular financial losses and/or income and/or profits and/or expected profit and/or luck and/or image disturbances. Any information or advice provided by SAMARITAINE cannot be construed as a warranty of any kind.

13 - ASSISTANCE – CONTACT

Assistance and a contact address are available via the "Contact us" link in the footer of the SAMARITAINE WEBSITE.

14 - CONSUMER MEDIATION

In accordance with the provisions of Article L.616-1 of the Consumer Code, the CUSTOMER is informed that they may, in the event of a complaint relating to the WEBSITE, refer free of charge to these CONDITIONS or to an order not resolved amicably by SAMARITAINE Customer Service and, after prior written action by the CUSTOMER who has been unsatisfied for less than a year, to a mediation service.

As such, SAMARITAINE adheres to the e-commerce ombudsman service of FEVAD (Federation of e-commerce and distance selling) (hereinafter referred to as the "Ombudsman") whose contact details are as follows: Médiateur de la consommation FEVAD BP 20015 - 75362 PARIS CEDEX 8 - www.mediateurfevad.fr. After prior written application by the consumer to SAMARITAINE, the Ombudsman may be contacted for any consumer dispute which has not been settled. To find out how to contact the Mediator, you are invited to visit the following site To find out how to refer a matter to the Ombudsman, the CUSTOMER can visit www.mediateurfevad.fr/index.php/espace-consommateur/.

In order for the referral to the Ombudsman by the CUSTOMER to be admissible, the request must include: the postal, telephone and email contact details of the CUSTOMER, the customer number and/or the order number, the date of the order, the dispute encountered, written proof of the amicable resolution of the dispute that the CUSTOMER has previously carried out with SAMARITAINE before referral to the Ombudsman, the solutions proposed by SAMARITAINE and the expectations of the CUSTOMER.

Under Article L.152-2 of the Consumer Code, a dispute cannot be examined by the consumer ombudsman if:

• The consumer does not justify having previously tried to resolve their dispute directly with the trader via a written complaint in accordance with the procedures provided, if any, in the contract;
• The request is manifestly unfounded or abusive;
• The dispute has been previously reviewed or is being reviewed by another ombudsman or court;
• The consumer has submitted their request to the ombudsman within a period of more than a year from their written complaint to the trader;
• The dispute does not fall within its jurisdiction.

If applicable, the CUSTOMER is informed by the ombudsman, within 3 weeks of receipt of their file, of the rejection of their request for mediation.

In accordance with European Regulation no. 524/2013 of the European Parliament and of the Council of May 21, 2013, the CUSTOMER also has the possibility to refer to the online dispute resolution platform at: https://ec.europa.eu/consumers/odr/

15 - APPLICABLE JURISDICTION

These CONDITIONS and the contractual relations between SAMARITAINE, the CUSTOMER and/or the RECIPIENT are governed by French law. With the exception of amicable resolution or recourse to mediation, any dispute arising from the application or interpretation of the CONDITIONS falls under the jurisdiction of the French courts.

APPENDIX 1 – WITHDRAWAL FORM

Please complete and return this form only if you wish to exercise your right of withdrawal.

For the attention of DFS at 3 rue Baillet - 75001 Paris, France Email: contact.samaritaine@dfs.com I hereby notify you of my withdrawal from the contract relating to the sale of the SAMARITAINE E-GIFT CARD: - Order received on _______ - Order number: - Name of consumer(s): - Address of consumer(s): - Signature of consumer(s) (only in the case of submission of this form on paper) - Date: