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Legal Section

Table of Contents

Terms of Use

General Terms and Conditions of Use of the Website 

 
Last Updated: January 2024
 
 
1. Imprint 
2. Age; Location
3. Services
4. Creation of a Gucci Profile
5. Electronic Services
6. Protection of industrial and intellectual property rights
7. Submissions
8. Links to other sites and to the Website
9. Accuracy and Completeness of Information
10. Exclusion of warranty
11. Limitation of liability
12. Indemnity
13. Applicable Law and Construction; Jurisdiction; Miscellaneous
14. Privacy
15. Terms of Sale
16. Notice and Takedown Procedures
17. Security
 
 
Welcome to www.gucci.com/mx website (hereinafter, the “Website”).
 
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER, THE "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE. 
 

The Terms of Use govern the access to, and use of, the Website developed and exclusively owned and operated by Gucci (as such term is defined herein below) and the content, intermediation, searching and any other services available through the Website in order for you to be able to acquire Products (as such term is defined within the Terms of Sale) from Gucci México (as such term is defined herein below) (the “Services”).

 

Use of the Website and of the Services constitutes your full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Terms of Sale referred to in Section 15 below when purchasing any Products, the Privacy Policy referred to in Section 14 below and any other additional terms, conditions, or policies referenced herein and/or available by hyperlink within the Website, and of their relevant mandatory nature. These Terms of Use shall apply to all users of the Website, including without limitation vendors, customers, merchants, and/or contributors (any, a “User” “you” or “your”). When entering the Website and/or during the registration or subscription and/or purchasing process, you will be asked to agree to be bound by these Terms of Use, by the Terms of Sale and the Privacy Policy. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use, the Terms of Sale and the Privacy Policy (as applicable) and you indicate your acceptance when entering the Website and/or during the registration or subscription and/or purchasing process. If these Terms of Use are construed as an offer, acceptance is limited expressly to these Terms of Use. If you do not agree to be bound by these Terms of Use, the Terms of Sale and the Privacy Policy and to abide by all applicable laws, you may not use the Website or the Services.

 

By use of the Website and/or Services, User hereby consents to the admissibility of a printed copy of these Terms of Use in any judicial, administrative, or other proceeding based on or relating to the Website, Services, or the use thereof, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

We offer our Services through the Website as intermediaries. When you purchase any Products using the Website, you will be acquiring the same, with our intermediation, from Gucci México, pursuant to the Terms of Sale.

 

User hereby acknowledges and accepts that Gucci reserves the right, at its sole discretion, to: (i) modify these Terms of Use from time to time, in which case we will post the revised Terms of Use on this Website and update the “Last Updated” date referred to above to reflect the date of the changes in the understanding that, your use of the Website and the Services after such modifications have been posted, constitutes your full acceptance of the then-current Terms of Use and if you do not agree with the Terms of Use at any time, you may not continue to use the Website or the Services, in which case User’s and/or Gucci’s obligations with respect to those Services in progress shall remain in full force and effect; (ii) suspend or temporarily or definitely interrupt the functioning of the Website; and/or (iii) suspend, restrict or deny access to User at any time and for any cause, pursuant to the provisions set forth in these Terms of Use. Please consult these Terms of Use regularly.

 
 
1. Imprint 
 

1.1    The Website and its contents are designed, operated and administered by Guccio Gucci SpA, an Italian incorporated sole ownership, with registered office in Via Tornabuoni 73r, 50123 Florence, VAT no. 04294710480, number of register of incorporation and Fiscal Code 03031300159, REA number FI-438090, share capital Euro 50,000,000 fully paid-in, subject to the management and coordination of Kering Holland NV, a Dutch company with registered offices in Amsterdam, Netherlands. (hereinafter, “Gucci”, “we”, “us” or “our”).

 

1.2   Purchases made through the Website by customers in the United Mexican States (“Mexico”) are processed by Gucci México, S.A. de C.V., a Mexican corporation part of the Kering Group, with domicile at Av. Presidente Masaryk No. 408, Colonia Polanco, V Sección, Alcaldía Miguel Hidalgo, C.P. 11560, Mexico City, Mexico, Tax ID number GME010807JZ8 (“Gucci México”). Gucci México Client Services telephone number +52 800 461 0560 and email address clientservices.mx@gucci.com

 

1.3   The disclosure of contact information described above does not constitute consent to contact for purposes unrelated to the Website and/or Services or for unauthorized purposes, including, but not limited to, marketing.

 
 
2. Age; Location
 

2.1 The Services are intended for persons who have reached the age of consent in their country/province or territory of residence or, if they have not reached such age, whose parent or legal guardian agree to the use of the Services. 

2.2   The Services offered through the Website are directed solely and exclusively to Mexican individuals or to individuals whose domicile or establishment is located within Mexico. Gucci may, at its discretion, provide Services to Users whose domicile or establishment is not located within Mexico, in which case, the relevant User accepts that the commercial relationship between Gucci and User will be governed at all times in accordance with the laws, jurisdiction and applicable courts of Mexico, expressly waiving any other jurisdiction or applicable law that may correspond to such User due to his/her present or future domicile or for any other reason.

 
 
3. Services 
 
3.1 You may register for, or subscribe to, or request our Services as available from time to time on the Website. The Services might include, by way of example but without limitation, “Create a Gucci profile”, “My GUCCI Account” and “Book an Appointment”.
 
3.2 When registering for, or subscribing to or requesting our Services, you must provide accurate information referred to you. In the event of any change in the information you provided upon your registration or subscription or request, you should inform us of any such changes to ensure that you will keep benefitting from the Services.
 
3.3 If you registered for a Service requiring prior authentication (e.g. My GUCCI Account), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
 
3.4 These Terms of Use, and any posted revision of these Terms of Use, shall remain in full force and effect for the entire duration of your use of the Website or of the Services.
 
3.5 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, Gucci will be entitled to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services.
 
 
4. Creation of a Gucci Profile 
 
4.1 Gucci wants to provide you with the same unified experience no matter how you interact with us. For this purpose of providing you with the Gucci experience, among the Services available on the Website, you can create a Gucci profile.
 
4.2 The creation of a Gucci profile will allow you:
 
(i) to facilitate your purchases. If you create a MyGUCCI Account you will be also able to keep track of the status of your orders and access the information relating to your purchases and, with your consent, to save your payment information securely;
 
(ii) to benefit from clientelling operations aimed at providing you with a personalized and enhanced shopping experience. This may include individual interaction to propose to you tailored product recommendations, exclusive offers, and invitations to events;
 
(iii) to benefit from a tailored assistance and customer service when you contact us or we contact you (whether by phone, video chat, text message, chat, social media, etc.), in particular through access by the Gucci teams to your purchase history or previous interactions with Gucci;
 
(iv) to benefit from a customized and personalized experience. By leveraging the data you provide in your Gucci profile, we aim to offer you a personalized experience and tailored assistance. This may include personalized product recommendations, style advice, and customized offers based on your preferences and purchase history. We may analyze your browsing and purchasing behavior to improve our services and enhance your overall experience. However, we respect your privacy and will handle your personal data in accordance with applicable privacy laws and regulations and our Privacy Policy.
 
(v) with your consent, to receive marketing communications and promotional materials related to our products and services. You have the right to opt-out of these communications at any time by applying the opt-out option that will always be shared with you, as described in our Privacy Policy.
 
4.3 When creating a Gucci profile, you agree to: (i) provide and keep accurate and complete information about yourself; (ii) maintain the confidentiality of your profile and your log-in credentials, if applicable; and (iii) restrict access to others. Once you have asked us to create your Gucci profile, via the Website or any other means, including our customer service, your personal information will be linked to this profile, where we will keep all the information we have on you. The information in your Gucci profile is crucial to provide you with the Gucci personalized and tailored experience, and in some cases is necessary in order to access to some specific services or to purchase from our website, and thus it needs to be kept up to date for the best experience.
 
4.4 You agree to accept responsibility for all activities that occur under your Gucci profile whether or not you have authorised those activities.
 
4.5 Pursuant to article 3.5 above, If we have reasonable grounds to suspect that the information you provide impersonates another person, Gucci reserves the right to suspend or terminate your Gucci profile.
 
4.6 You can delete your Gucci Profile at any time by contacting our privacy team at privacy@gucci.com. For any further information on how to exercise your rights regarding your personal information, please refer to our Privacy Policy
 
 
5. Electronic Services 
 
5.1   Certain parts of the Services may require the Services to be provided through electronic communication channels, such as e-mail, text messages, or phone calls. You acknowledge that messaging and data rates may apply and that, in such cases, you will be responsible for such charges.
 
5.2   Please see Gucci’s Privacy Policy for more information about how we may contact you and your rights and options regarding our use of your contact information. As mentioned above, you may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail to clientservices.mx@gucci.com. We will send an email or other communication confirming your cancellation of your registration or subscription.
 
5.3   You may not use the Website or Services for any illegal or unauthorized purpose or utilize the Website or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Website and/or Services or to surreptitiously intercept any communications, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website or Services in any way.
 
 
6. Protection of industrial and intellectual property rights 
 

6.1   The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation and use of the Website, layout, structure and organization of the content of the Website, the collection and organization of data and information, video clips, musical compositions, audio clips, designs, devices, or any other material (collectively, “Contents”) is protected under domestic and foreign intellectual property laws. Gucci owns all rights and/or license in and to the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works in any form or by any means without the prior written permission from Gucci. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are herein incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Gucci.

 

6.2   The User must refrain from trying to carry out or carry out, directly or indirectly: (i) any type of addition, deletion, transformation, or any other form of alteration to this Website and its Contents; (ii) reverse engineer, decompile, disassemble, or attempt to discover the source code of this Website or cause any computer damage to this Website or Gucci (or Gucci México, as applicable); (iii) any unauthorized, fraudulent or improper use of the Website; (iv) any use of the Website for purposes or effects that are unlawful or in violation of these Terms of Use; (v) access, use and/or manipulate the data or information of Gucci, third parties or other Users; and/or (vi) delete or alter in form any data that identifies the ownership of rights over any Content of this Website.

 

6.3   By using this Website, the User agrees to comply with all laws, regulations and other legal requirements related to the access and use of this Website. Any unauthorized use of the content of this Website may violate civil, commercial, criminal, personal data protection, consumer protection and/or other national laws or applicable international regulations and will give the right to any affected party to request the corresponding compensation from the offender and implement any measure to prevent damages and losses from being caused or continue to be caused.

 

6.4   You agree to immediately notify Gucci if you suspect illegal, fraudulent, or abusive activity, or any other violation of these Terms of Use, including any unauthorized access to this Website.

 
 
7. Submissions 
 

7.1   Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Website, or through other forms of communication such as email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, worldwide, irrevocable, nonexclusive, sublicensable right and transferable license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. Gucci and Gucci México are not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights. Gucci and Gucci México are not responsible for screening or monitoring Submissions made to this Website by Users. If notified by a User of a submission allegedly in violation of these Terms of Use, Gucci may investigate the allegation and determine in good faith and at its sole discretion whether to remove such Submissions. Gucci and Gucci México will have no liability or responsibility to Users for performance or nonperformance of such activities. Gucci may, but will not be obligated to, use and/or provide any author attributions related to any Submissions. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 
 
8. Links to other sites and to the Website 
 

8.1   This Website may contain links to other websites. Gucci has no control over such websites and will not be responsible or liable for any content or anything else related to your accessing or use of any third-party websites.

 

8.2   Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Gucci (or Gucci México) of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. Gucci and Gucci México shall not be responsible for any losses, damages, or other liabilities incurred as a result of use of such sites.

 

8.3   You are not permitted to frame or “mirror” this Website or any of its Contents on any other website or to link to any part or section of the Website or its Contents, in whole or in part, without prior written consent of Gucci.

 
 
9. Accuracy and Completeness of Information
 

9.1   This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. Gucci shall not be responsible if the information made available on this site is inaccurate, incomplete, or outdated. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. The User assumes all risk for any reliance upon the accuracy of any information portrayed on the Website or Services.

 

9.2   Unless otherwise specified, the Website and Services are intended to promote the Products and Services available in Mexico. The prices displayed on the Website and Services are quoted in Mexican Pesos.

 

9.3   The photographs and images of Products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of User’s viewing device or display could affect the accuracy of the colors of Products portrayed.

 

9.4   Some of the Products displayed on the Website or Services are available only in specific retail locations in Mexico and/or online through the Website. The quantities of these Products may be limited and are subject to return or exchange in accordance with the terms and conditions set forth in the applicable return policy dependent upon the point of purchase.

 

9.5   The Website and/or Services may include a button or hyperlink labeled “Find in Store” when viewing a particular Product. Clicking on this link will present you with the option to provide location information so that the Website can display the availability of the selected Product in stores near the location specified. The availability information is updated as frequently as possible but, due to frequent store inventory changes, the availability information is not guaranteed to be accurate. In addition, Products identified as available may no longer be available when you visit the location specified. The in-store price of a Product may vary among stores and may be different from the Website price for the same Product.

 

9.6   We provide you with Products and Services through the networks of other telecommunications providers and through other suppliers and third parties. Your use of the Products and Services of Gucci México and/or Gucci and the equipment, facilities and services of third-party suppliers is at your own risk. We assume no responsibility for the security of your facilities or networks or for unauthorized access to such networks or facilities. In all cases, you are responsible for determining and establishing secure network access configurations. Gucci, Gucci México, its partners, affiliates and third-party suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet. Gucci and/or Gucci México and its suppliers make no commitments with respect to the recoverability of lost data.

 
 
10. Exclusion of warranty 
 

10.1   TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS MATERIALS, CONTENTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GUCCI PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS MATERIALS, CONTENTS, OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR OR FROM ANY OTHER ELEMENT THAT COULD BE INTRODUCED BY ANY THIRD PARTY IN VIOLATION OF GUCCI’S CONTROLS, NOR BY ANY OTHER APPLICATION THAT PURPORTS TO IMPERSONATE THIS WEBSITE), THAT IT IS MERCHANTABLE, THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, OR THAT (EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY) ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN THE COURSE OF YOUR USE OF THIS WEBSITE OR ANY HYPERLINKED WEBSITE ARE SECURE AND EXPRESSLY DECLINES ANY SUCH WARRANTIES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

 

10.2   GUCCI WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER, GUCCI CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND GUCCI MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. GUCCI RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.

 
 
11. Limitation of liability 
 
11.1   SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. 
 
11.2   YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE, YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND/OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
 

11.3   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

 

11.4   GUCCI, GUCCI MÉXICO, ITS LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS OR DIRECTORS DO NOT ASSUME ANY LIABILITY WHATSOEVER FROM ANY DAMAGES DERIVED FROM: (I) ACCESS AND/OR INAPPROPRIATE OR IMPROPER USE BY USER OR ANY OTHER PERSON OF THIS WEBSITE; (II) LACK OF ACCURACY, RELEVANCE OR DETAIL OF THE CONTENT OF THE WEBSITE; (III) THE FACT THAT THIS WEBSITE DOES NOT MEET USER’S EXPECTATIONS OR THE INFORMATION OR THE SERVICES AND/OR PRODUCTS ARE NOT USEFUL FOR ANY SPECIFIC PURPOSE DESIRED BY SAID USER; AND/OR (IV) THE OPERATION OF ANY OF THE LINKS CONTAINED IN THIS WEBSITE AND/OR THE QUALITY, LEGALITY, RELIABILITY AND USEFULNESS OF THE PRODUCTS, SERVICES, INFORMATION OR ANY CONTENT ELEMENTS ON OTHER WEBSITES AND/OR SOCIAL NETWORKS AND/OR APPLICATIONS LINKED FROM OR WITH THIS WEBSITE.

 

11.5   THIS WEBSITE IS FOR THE PERSONAL USE OF USER. BY ACCESSING AND USING THIS WEBSITE, AT NO TIME AND UNDER NO CIRCUMSTANCES MAY USER CONSIDER THAT HE OR SHE ENJOYS ANY RIGHT OR LICENSE FOR THE USE AND/OR EXPLOITATION OF THIS WEBSITE AND/OR ANY OF THE ELEMENTS THAT MAKE UP THE CONTENT OR CONTENTS OF THIS WEBSITE, OTHER THAN THOSE INDICATED IN THESE TERMS OF USE. ANY OTHER USE OTHER THAN THE STRICTLY PERSONAL USE OF THE WEBSITE BY THE USER REQUIRES PRIOR WRITTEN AUTHORIZATION BY GUCCI.

 

11.6   THE INFORMATION CONTAINED IN THIS WEBSITE IS FOCUSED EXCLUSIVELY ON THE PRODUCTS AND/OR SERVICES INTENDED FOR THE MARKET OF MEXICO, WITHOUT PREJUDICE TO THE PROVISIONS SET FORTH IN SECTION 2 ABOVE.

 

11.7   THE CONTENTS, PRODUCTS AND/OR SERVICES OFFERED, AS WELL AS THE BENEFITS, OFFERS, DISCOUNTS AND/OR PROMOTIONS GRANTED THAT APPEAR ADVERTISED OR REFERRED TO IN MATERIALS, PLACES OR SITES OF THIRD PARTIES OR UNRELATED TO GUCCI AND/OR GUCCI MÉXICO, FOR NO REASON WILL BIND GUCCI AND/OR GUCCI MÉXICO AND GUCCI AND/OR GUCCI MÉXICO WILL NOT BE A PARTY TO ANY DISPUTES OR CONTROVERSIES BETWEEN USER AND SAID THIRD PARTY.

11.8   NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT: (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

 
 
12. Indemnity 
 
12.1   To the extent permitted by applicable law, you agree to indemnify and hold Gucci, Gucci México, and each of its parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost, penalty, or expense (including reasonable attorneys’ and professionals’ fees and court costs) arising out of or relating to your use of the Website, including, but not limited to, any Submissions you make to us, or any breach by you of these Terms of Use.
 
12.2   WE RESERVE THE RIGHT TO ASSUME AND DELEGATE THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIMS, DEMANDS AND ACTIONS ARISING IN CONNECTION WITH THIS INDEMNITY AND YOU AGREE TO COOPERATE WITH GUCCI AND ITS DESIGNEES’ DEFENSE OF THESE CLAIMS, DEMANDS AND ACTIONS.
 
 
13. Applicable Law and Construction; Jurisdiction; Miscellaneous
 
13.1   These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with the applicable laws of Mexico.
 

Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to these Terms of Use or the breach, termination or validity thereof and/or the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a “Claim”) shall be expressly submitted to the jurisdiction of the Federal Competent Courts of Mexico City, Mexico, expressly waiving any other forum or jurisdiction that may correspond them derived from their present or future domicile or by any other reason. In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.

 
13.2   In the event that User accesses and/or uses this Website from or in any other place outside of Mexico, User hereby acknowledges and accepts that he/she does so at his/her own risk and responsibility, releasing Gucci and/or Gucci México from any and all liability and agreeing to indemnify and hold Gucci and/or Gucci México harmless, including but not limited to, from: (i) any improper access and/or use of this Website that does not comply with the applicable regulations of such place or in Mexico; (ii) breach by User of any provision contained in these Terms of Use; and/or (iii) any violation by User of any third-party rights.
 
13.3   Emails and/or telephones and/or faxes and/or any other means of communication referred to on this Website will not be means accepted by Gucci and/or Gucci México for the reception of any type of judicial notification or lawsuits, summons, authority requirements or any other type of information, except as expressly provided for in these Terms of Use. For the purposes referred to above, the domicile that must govern will be the one indicated in Section 1 of these Terms of Use.
 
13.4   The headings used in this Terms of Use are for reference purposes only and do not have contractual or binding effect.
 
13.5   If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law, consistent with the intention of the invalid or unenforceable provision.
 
13.6   The terms and conditions set forth herein constitute the entire agreement and understanding between the User and Gucci with respect to the subject matter set forth on the Website and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained on the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.
 
13.7   Gucci’s waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights will not operate to excuse performance or waive any such right to require strict performance at any future time.
 
14. Privacy 
 

14.1 Before uploading or providing any personal data to this Website, please read carefully the Privacy Policy, which is available by clicking here.

 
 

15.1   Considering Gucci only acts as intermediary between Users and Gucci México, the purchase of any Products, as well as the relationship derived from such purchase, shall only be conducted and established between any User (which would then become a Client (as such term is defined within the Terms of Sale)) and Gucci México and will be governed by the Terms of Sale (which shall be deemed to incorporate the provisions contained within these Terms of Use).

 

15.2   Except for any obligation expressly derived from these Terms of Use, Gucci does not acquire any obligations as a consequence of any purchase of Products through the Website. As a consumer, Users may be entitled to exercise certain rights contained within applicable laws before us, as long as they refer to and/or derive from these Terms of Use and/or the Services, in the understanding that any other consumer rights derived from the purchase of the Products and/or the Products itself, shall be generally exercised before Gucci México.

 

15.3   In order to purchase any Product from Gucci México, User must have read, understood and accepted the Terms of Sale and consented to be legally bound by its terms.

 

15.4   By purchasing any Products, you expressly agree to the Terms of Sale. Please read the Terms of Sale carefully.

 
 
 

16.1   If you believe any Submissions accessible on or from the Website infringes your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Gucci (address identified below) and providing the following information:

 

(i)   Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

(ii) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission and provide us with its URL or any other pertinent information that will allow us to locate the Submission.

(iii)   Your name, address, telephone number, and (if available) email address.

(iv) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.

(v) A statement that the information you have supplied is accurate and indicating that “under penalty of perjury” you are the copyright owner or authorized representative.

(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.

 

16.2   Our address for copyright issues relating to this Website is as follows:

Gucci America, Inc.
195 Broadway, New York,
New York 10007 - USA
Attn: Intellectual Property Dept.
clientservices.mx@gucci.com

 

16.3   In an effort to protect the rights of copyright owners, Gucci maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeated infringers. 

 

 

17.1   All information on Gucci Website is protected by a security certificate that is automatically renewed by our Content Delivery Network and provides data integrity, encryption, and authentication following the latest standards and industry recommendations. The platform is also protected by a Web Application Firewall at highly sensitive security levels to control and block any attack it may identify as risky or highly recurring, affecting availability, performance and customer experience.

Gucci is committed to protecting consumer credit card data in compliance with the Payment Card Industry Data Security Standard (PCI DSS). Our alignment with this standard is reflected in the people, technologies and processes we employ.

We conduct regular vulnerability scans and penetration tests in accordance with the PCI DSS requirements for our business model. In addition, our PCI compliance is attested to annually by a PCI Qualified Security Assessor (QSA).

 

Terms of Sale


General Conditions of Sale 

Last Updated: July 29th, 2022


1. General Provisions 
2. Identification of the Vendor 
3. Information on Products and their Availability 
4. Price 
5. Execution of the contract 
6. Method of payment; Invoicing  
7. Transport and Delivery 
8. Shipping and Delivery Confirmation 
9. Wrapping or Packaging 
10. Returns; Cancellations  
11. Personalized Products and/or Made-to-Order Products; Beauty Products  
12. Exchanges 
13. Lack of Conformity; Repairs  
14. Guarantee of Authenticity and Intellectual Property Rights  
15. Applicable Law and Construction; Jurisdiction; Miscellaneous
16. Warranty 
17. Limitation of Liability  
18. Contact Information; Claims and Clarifications  


IMPORTANT NOTICE: PLEASE READ THE GENERAL CONDITIONS OF SALE SET FORTH BELOW VERY CAREFULLY. THE GENERAL CONDITIONS OF SALE FOR PRODUCTS PURCHASED THROUGH THE WEBSITE (AS SUCH TERM IS DEFINED HEREIN BELOW) ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CLIENT (AS SUCH TERM IS DEFINED HEREIN BELOW) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND GUCCI MÉXICO (AS SUCH TERM IS DEFINED HEREIN BELOW) HEREBY GIVES EXPLICIT NOTICE OF OBJECTION TO THEM AND REJECTION OF SUCH TERMS. BY SUBMITTING ANY ORDER THROUGH THE WEBSITE, CLIENT AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS. 

1. General Provisions 

 

1.1  These general conditions of sale (hereinafter, the “General Conditions” and/or “Terms of Sale”) apply to all sales of Gucci México products (hereinafter, the “Products” or a “Product”) carried out through the www.gucci.com/mx website (hereinafter, the “Website”), which use is also regulated pursuant to the Website’s terms and conditions of use (the “Terms of Use”) and its privacy policy (the “Privacy Policy”).

 

1.2   Selling of Products regulated under these General Conditions is only available to consumers over the age of eighteen (18) years (or the age of majority of the individual’s relevant country) (hereinafter, “Clients” or “Client”) being natural persons that obtain Products for personal, family, or household purposes. Client is prohibited from purchasing any Product from the Website for purposes of resale by Client or any other person, and Gucci México expressly disclaims any warranty or claim for damages, consequential or otherwise, resulting from Client’s intent or attempt to resell any Product purchased from the Website. Conduct of minors and any individuals with no legal capacity who enter the Website is under the strict responsibility of the parents, guardians or adults in charge of them pursuant to applicable laws of their relevant jurisdiction.

 

1.3   Selling of Products regulated under these General Conditions is only available to Clients who are Mexican individuals or to individuals whose domicile or establishment is located within Mexico. Gucci México may, at its discretion, sell Products to Clients whose domicile or establishment is not located within Mexico, in which case, the relevant Client accepts that the commercial relationship between Gucci México and Client will be governed at all times in accordance with the laws, jurisdiction and applicable courts of Mexico, expressly waiving any other jurisdiction or applicable law that may correspond to such Client due to his/her present or future domicile or for any other reason.

 

1.4   The language of any contract of sale entered into through this Website shall be Spanish.

 

1.5   Client hereby acknowledges and accepts that Gucci México reserves the right, at its sole discretion, to modify these General Conditions from time to time, in which case Gucci México will post the revised General Conditions on the Website and update the “Last Updated” date referred to above to reflect the date of the changes in the understanding that, Clients use of the Website and the Services (as such term is defined in the Terms of Use) after such modifications have been posted, constitutes Client’s full acceptance of the then-current General Conditions and if Client does not agree with the General Conditions at any time, Client may not continue to use the Website or the Services or carry out any purchase of Products, in which case Client’s and/or Gucci México’s obligations with respect to those Services and/or Products’ purchases in progress shall remain in full force and effect. Please consult these General Conditions regularly.

 

1.6   Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts of sale executed with the Clients will be archived by Gucci México for the retention period required by applicable law.

 

2. Identification of the Vendor 

2.1   The vendor is Gucci México, S.A. de C.V., a Mexican corporation part of the Kering Group, commercially known as “Gucci”, with domicile at Av. Presidente Masaryk No. 408, Colonia Polanco, V Sección, Alcaldía Miguel Hidalgo, C.P. 11560, Mexico City, Mexico, Tax ID number GME010807JZ8, telephone number +52 800 461 0560 and e-mail address clientservices.mx@gucci.com (“Gucci México”).

3. Information on Products and their Availability 

3.1   Information on Products (along with the relevant Product codes) and relevant prices, characteristics, description and conditions of the same are available on the Website either within any “Product Description Page” or on each applicable “Product Category” page. Gucci México reserves the right to make adjustments to the pricing and/or description or features of Products for any reasons including, but not limited to, changing market conditions, Product discontinuation, material unavailability, changes to manufacturing processes, and errors in advertisements.  
 
3.2   The Products available on the Website are a selection of items normally available in stores; however, Gucci México does not provide any warranty to the Client relating to the availability in the stores of the Products available on the Website. The photographs and images of Products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of Client’s viewing device or display could affect the accuracy of the colors of Products portrayed. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information.
 
3.3   Gucci México reserves the right at any time to limit quantities and/or type of Products available from the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product.  
 
3.4   The maximum number of pieces for each Product that may be included by the Client in the order proposal is five (5) pieces.  
 
3.5   Gucci México shall not be liable for errors occurring as a result of a failure of Client’s connection to the Website.  
 

4. Price 

4.1   The prices of the Products are indicated on the Website in Mexican Pesos and are inclusive of all applicable taxes and any applicable surcharges, excluding any costs and/or taxes that may derive from the payment and/or delivery methods chosen by Client. Gucci México charges any applicable taxes on online transactions, as required by applicable laws. Delivery and payment costs and/or taxes shall be added to the price of the Products and are indicated separately on the order form depending on the delivery and payment options available to and chosen by Client.  
 
4.2   Gucci México regularly verifies that prices of the Products displayed on the Website are correct; however, Gucci México cannot guarantee the absence of errors. In the event a Product is listed at an incorrect price, Gucci México reserves the right, prior to order confirmation, to refuse or cancel orders placed for the Product listed at the incorrect price. In such circumstances, Gucci México shall offer the Client the opportunity to purchase the Product at the correct price.  
 
4.3   Gucci México offers price adjustments for online purchases on first markdown only. Specifically, if a Product has been reduced from its full price, Gucci México will credit the Client the difference. A price adjustment request must be made within ten (10) calendar days of the order date for the price adjustment to be honored. The Client must contact Gucci México by sending an e-mail to clientservices.mx@gucci.com. Gucci México will refund the adjusted amount in the original form of payment. Please note that a different price adjustment policy may be applicable for in-store (non-Website) purchases.
 
 
5. Execution of the Contract 

5.1 The essential characteristics, description, conditions and the price of each Product (along with the relevant Product codes) are displayed on the Website, either within any “Product Description Page” or on each applicable “Product Category” page. The information displayed on the Website does not represent an invitation to negotiate or bartering by Gucci México.
 
5.2   Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the return policy and the privacy policy statement), along with these General Conditions. 
 
5.3   To purchase a Product, Client must: (i) include the selected Product in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal (for which the necessary information required by any applicable laws in Mexico including, without limitation, any anti-money laundering laws shall be required to be provided by Client), (iii) select the payment method, (iv) accept the Privacy Policy, (v) accept the General Conditions, and (vi) send the order proposal to Gucci México through the Website. 
 
5.4   Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the return policy under Section 10 hereto). The sending of the order proposal by Client obligates the Client to pay the price of the ordered Product(s) if the order is accepted and confirmed by Gucci México. 
 
5.5  Any error/change in data entered by the Client in the order proposal may be corrected by the Client by following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Bag”). 
 
5.6  Without prejudice to the use of data described in the Privacy Policy statement, the order proposal and Client’s data related to that order proposal may be kept by Gucci México for the period required by applicable legislation. On the base of Gucci México’s legitimate interests, Gucci México can use personal data provided by Client to make a purchase as a guest, to make a classification of our guest profiles with reference to the amount of the purchases, purchases frequency, number and type of products purchased, country of billing and shipping, returns made, etc.
 
5.7  An order proposal may be refused by Gucci México prior to acceptance and confirmation of the order by Gucci México at its sole discretion, including but not limited to the following circumstances (which in any case shall be communicated to Client by Gucci México within a twenty-four (24) to seventy-two (72) hours term):   

(i) When the Products are not available (with no prejudice to the provision set out under Sections 3.3 and 5.9); or
(ii) Derived from reported, or suspected, or confirmed, fraudulent or illegal activities, including reported, suspected or confirmed purchases for resale or commercial purposes; or
(iii) When Client has not fulfilled his/her obligations with respect to a prior contract executed with Gucci México; or  
(iv) Non-existing e-mail provided by Client; or
(v) Carrier’s (as such term is defined herein below) claim abuse; or
(vi) Unauthorized shipping.
 
5.8  The contract between Gucci México and Client is executed upon receipt by Client of the acceptance and confirmation by Gucci México of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by Gucci México shall be sent to Client via e-mail at the address provided by Client in the order proposal within a forty-eight (48) to seventy-two (72) hours term (any, an “Order Confirmation”).  
 
5.9  In case of unavailability of one or more of the ordered Products, Client will receive an e-mail duly informing him about the unavailability of the Products within a forty-eight (48) to seventy-two (72) hours term. In this case, the order proposal will be cancelled or partially accepted only as to the available Products. In case of partial acceptance, Client shall be charged only the price of the available Products. 
 
5.10  The Order Confirmation will include a summary of the essential characteristics of the purchased Products, the order identification number, a detailed indication of the price and means of payment, information on Client, information on payment and delivery methods and charges, information on the conditions and methods to exercise the right of withdrawal, including information on the return policy, the address to which complaints may be addressed and information on support services and on existing commercial terms.  
Title to Products and risk of loss or damage during shipment pass from Gucci México to Client upon delivery to Carrier, without prejudice of any claims Client may file against Carrier pursuant to Section 7 below and/or Carrier’s applicable terms and conditions of service.  
 
6. Method of payment; Invoicing  

6.1   Payment of the price of the Products included in the order proposal and the relevant taxes and additional payment and delivery charges shall be paid by Client by credit card, PayPal®, or other means acceptable by Gucci México from time to time.  
 
6.2    Gucci México currently accepts payments made with the following methods of payment:  
  • Visa
  • MasterCard
  • American Express
  • PayPal®
6.3   The transactions will be charged to Client’s selected form of payment only after:  
 
(i) The payment method has been verified;  
(ii) The authorization to charge the payment method has been received from the issuer or processor of the payment method used by Client; 
(iii) The availability of the Product has been confirmed by Gucci México; and 
(iv) The order is ready to be shipped, unless the order includes Made to Order Product(s) designed or customized to the Client’s specifications, in which case the transaction for such Product(s) shall be charged after steps (i) – (ii) above are complete.  
 

6.4   No charge shall be made at the moment of transmission of the order proposal, with the exception of any temporary charge necessary to confirm the payment method’s validity, if any. The temporary charge may vary depending on the payment method selected by Client, pursuant to applicable terms and conditions of any payment method issuers or processors, which should be notified to Client at the moment of choosing the same or well, pursuant to the terms and conditions of such payment method issuer or processor.  

It is understood that once the order is accepted and confirmed by Gucci México, the temporary charge will be canceled and replaced by the amount due by the Client. In the event that the order is canceled by Gucci México for any reason, this temporary charge will be canceled in accordance with the terms of the applicable payment method issuer or processor.

 
6.5   In the event that, for any reason, it is impossible to charge the amount due by the Client prior to acceptance and confirmation of the order by Gucci México, the contract will not be executed and the order will be cancelled.  
 
6.6   Client hereby acknowledges and accepts that the methods of payment referred to in Section 6.2. above are independent from Gucci México and may or may not require Client to have an active account on their respective platforms, in the understanding that the terms and conditions of said platforms are independent from the Terms or Use or these General Conditions; therefore, Client hereby releases Gucci and Gucci México from any liability that may derive from the relationship established by Client with said methods of payment and/or platforms.  
 
6.7   Client hereby represents that the resources with which he/she pays for the Products are and will be of lawful origin, releasing Gucci México from any liability arising as a result of any false representation and/or breach of the provisions of this General Conditions and undertaking to indemnify Gucci México for any damages and/or losses arising from said falseness and/or non-compliance and to reimburse Gucci México for any expenses and/or costs arising therefrom, including any amounts corresponding to fines and reasonable attorneys’ fees.
 
6.8   Independently from Gucci México’s obligation to issue an Order Confirmation pursuant to the provisions set forth in these General Conditions, if during a determined fiscal year, Client requires Gucci México to issue an invoice regarding any purchase of Products made during the same fiscal year, Client shall contact Gucci México either by phone at +52 800 461 0560 or by e-mail to clientservices.mx@gucci.com. Invoices will be issued based on the information to be provided by Client to Gucci México as indicated above, which, at least, shall include Client’s: (i) complete name and e-mail address; (ii) Federal Taxpayers Registry number; (iii) zip code; (iv) tax regime code; and (v) use to be given to the relevant invoice. Additional information may be requested by Gucci México to Client pursuant to then current applicable tax laws. In any case, after requested, a relevant invoice should be sent to Client via e-mail to the address provided by Client in the invoice request within twenty-four (24) hours.
 
6.9   Unless permitted pursuant to applicable laws, regulations and/or manuals in force and effect from time to time, in which case, provisions included within the same shall apply, no alterations to or cancellations of invoices already issued will be possible. If possible pursuant to applicable laws, any invoice alteration and/or cancellation request shall be made by Client to Gucci México either by phone at +52 800 461 0560 or by e-mail to clientservices.mx@gucci.com.
 

For any additional queries regarding invoices issuance and/or cancellations, Client shall contact Gucci México either by phone at +52 800 461 0560 or by e-mail to clientservices.mx@gucci.com.

 


7. Transport and Delivery
 

7.1   Products will be delivered to the address specified by Client in the order proposal. It is Client’s responsibility to provide Gucci México with complete and correct information and data in order for Carrier to be able to render its services which will include, but not be limited to: (i) Client’s Federal Taxpayers Registry number (in case they are Mexican residents for tax purposes); (ii) Client’s complete name; (iii) Client’s complete delivery address (street, external number, internal number (if any), Colonia, Alcaldía or Municipio, State and Postal Code); and (iv) any and all additional information required from time to time by applicable laws, as requested by the Website. Client hereby acknowledge and accepts that Gucci México will not be responsible, nor held liable as a consequence of any situation that derives from the lack of complete and correct information on this regard and will have no liability whatsoever if Client does not provide the same, taking into account without it, Carrier will not be able to render any transport and delivery services of the relevant Products.   

 
7.2   Unless otherwise specified by Gucci México from time to time, delivery charges, as well as applicable delivery terms and options shall be borne by Client, will be indicated on the Website, during the purchase process, and will be indicated separately on the order form and invoice, as applicable.
 
7.3   The purchased Product(s) shall be delivered by a carrier selected by Gucci México (hereinafter, “Carrier”) and shall be subject to such Carrier’s then applicable terms and conditions of service. In some circumstances and in its absolute discretion and/or pursuant to their then applicable terms and conditions of service, the Carrier may require the signature of the Client (or of a nominated adult representative) at the time of delivery. Purchases may not be shipped to P.O. boxes, APO/FPO addresses or to any address outside of Mexico. In addition, neither Gucci México, nor Carrier can be held responsible for unanticipated delivery delays beyond Carrier’s control. Notwithstanding the foregoing, Gucci México will do its best efforts to support Client in order for him/her to be able to contact Carrier so that Client can make any relevant and applicable claims according to applicable law and such Carrier’s terms and conditions, as well as to follow up on said claims. 
 
7.4   Client hereby acknowledges and accepts that Carrier is independent from Gucci México and Carrier’s the terms and conditions are independent from the Terms or Use or these General Conditions; therefore, Client hereby releases Gucci México from any liability that may derive from the relationship established by Client with said Carriers regarding delivery of the relevant Products. 

7.5   At the time of delivery of the Products by the Carrier, Client (or a nominated adult representative) is required to verify:
 

(i)  That the number of items being delivered corresponds to the one indicated in their shipping confirmation e-mail; and 
(ii)  That the packaging and its seals are intact, undamaged, not wet or altered in any manner.
 
Any damages to the packaging and/or the Product(s), or discrepancies in the number of items or documentation must be immediately indicated in writing on Carrier’s delivery receipt. Except to the extent permitted under applicable laws, once Carrier’s delivery receipt has been signed and no objection has been raised by Client, Client may not make any objection to the exterior characteristics of the delivered parcel.
 

8. Shipping and Delivery Confirmation  

8.1   Gucci México shall send to the Client a shipping confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered. Within the aforementioned communications, Gucci México shall include the relevant tracking number(s). 

9. Wrapping or Packaging 

9.1   Products purchased from the Website are delivered with the same Gucci México standard packaging as provided in Gucci México’s stores.  


10. Returns; Cancellations  

 
10.1   Except for specific Products referred to within this or other Sections of these General Conditions or Client’s right to revoke his consent pursuant to the provisions set forth within Section 10.9 below, as general return policy, for any Website purchases, Gucci México will accept the exchange of eligible Products (subject to the provisions set forth in Section 12 below) or, when applicable, the return of the Products for a refund of their relevant purchase price (subject to the provisions set forth in Section 10.6 below), as long as: (i) a printed version of the digital invoice and/or Order Confirmation received in Client’s shipment confirmation e-mail, as applicable is presented by Client; (ii) the request is made within thirty (30) calendar days as from the date of delivery through Carrier or in-person at a Gucci México’s store; (iii) the relevant Products have not been worn or used under conditions other than those recommended or of its nature; (iv) Client has not failed to follow the relevant Product’s instructions or to perform any preventive maintenance set forth thereat; (v) Client has not performed unauthorized repairs over the relevant Products; (vi) the relevant Product has not been damaged due to external causes such as accidents, abuse or other actions or events beyond Gucci México’s reasonable control; (vii) the relevant Products have not been altered or damaged for causes attributable to Client; (viii) the relevant original Products’ labels are attached and/or adhered to the Products, as the case may be; and (ix) the original packaging, wrapping, return tag, warranties and instruction booklets, if any, are also delivered by Client. Please note that a different return policy may be applicable for in-store (non-Website) purchases.  

Products purchased online cannot be returned to or exchanged at outlet stores, boutiques located at department stores or other wholesale distributors, but only at Gucci México’s directly operated stores, which may be identified at the following link: www.gucci.com/mx/en/store. In case of any doubts regarding the aforesaid, Client should contact Gucci México either by phone at +52 800 461 0560 or by e-mail to clientservices.mx@gucci.com.

 
10.2   In-store returns will be packaged and shipped on your behalf to the warehouse for processing. Refunds will be submitted once the return has been received and processed at the warehouse, which will occur, in any case, within fifteen (15) calendar days. Products cannot be returned to or exchanged at outlet stores, boutiques located at department stores or other wholesale distributors, but only at Gucci México’s directly operated stores, which may be identified at the following link: www.gucci.com/mx/en/store. In case of any doubts regarding the aforesaid, Client should contact Gucci México either by phone at +52 800 461 0560 or by e-mail to clientservices.mx@gucci.com.
 
10.3   In addition to the provisions set forth in Section 10.1 above, lingerie line Products must also be returned with the relevant underwear protection contained within such Products, totally intact. 
 
10.4   In addition to the provisions set forth in Section 10.1 above, jewelry, watches, sunglasses, and ready-to-wear Products are shipped with a return tag attached. Returns on these specific Products will only be honored if the label remains intact. 
 
10.5   The foregoing provisions must be strictly complied with by Client, with no exception. To the maximum extent permissible under applicable law, Gucci México reserves the right to refuse return of any Product that does not meet the above return requirements. Likewise, Client hereby acknowledges and accepts that unless otherwise offered with the relevant Product, Gucci México does not offer any additional warranty to those contemplated within Mexico’s applicable laws.
  
10.6   Merchandise returned to Website will be processed within seven (7) to ten (10) business days as from receipt. A confirmation e-mail will be sent once the Client’s payment method has been credited, although such credit may delay longer to be reflected in Client’s account, depending on the terms and conditions of the relevant payment method. Refunds may only be issued in the same form as was utilized for payment. Please note the original shipping charges incurred at the time of purchase are non-refundable.   
 
10.7   Easy-to-follow return instructions are included with each shipment. Every effort will be made to ensure a prompt refund and an e-mail notification will be sent once the return has been processed.  
 
10.8   All items shipped for a refund must match those identified at the time of return request.  
 
10.9   Pursuant to the provision set forth within applicable law, Client shall have the right to revoke consent regarding the contract entered into with Gucci México without any liability to Client within a five (5) business day term as from execution date of the same or reception of the relevant Product, whichever happens later, for which Client, at Client’s sole cost and expense shall deliver the Product either by specialized courier services or in-person at a Gucci México’s store, undertaking Gucci México to refund Client the Product’s price as provided for within this Section. 
 

11. Personalized and/or Made-to-Order Products; Beauty Products  

11.1   To the maximum extent permissible by applicable law and in accordance with applicable laws in Mexico governing the purchase and sale of special goods made to order, withdrawals, cancellations, exchanges or returns are not accepted for orders of any Beauty Products and/or customized, tailor-made and/or on request Products including, without limitation, those with Client’s initials engraved on the Product, or made-to-order products including, without limitation, certain décor items and other products designed or customized to Client’s specifications. Client is advised that images, photographs and samples of the engraving on personalized Products and other customized elements may differ from the appearance of the actual Product.  

12. Exchanges 

12.1   The Website cannot accommodate automatic exchanges at this time. Client must return the original Product that Client wishes to exchange for a refund using the procedure described in Section 10 above. A new order can then be placed on the Website for the exchange item. Please note that new orders are subject to merchandise availability. Gucci México will inform Client if Gucci México is unable to fulfill the new order. 

13. Lack of Conformity; Repairs  

 
13.1   If a Product sold by Gucci México has manufacturing defects or in any case of alleged lack of conformity of Products sold by Gucci México, Client must immediately contact Gucci México by e-mail to clientservices.mx@gucci.com.
 
13.2   In the event Client seeks to have the Product repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by Gucci México, as well as any costs related to the delivery to Client of the repaired or replaced Product.  
 
13.3   In case a repaired Product presents deficiencies attributable to the person in charge of the repair within the ninety (90) calendar day term as from the delivery date of the repaired Product to Client by specialized courier services or in-person at a Gucci México store, Client shall have the right to have such Product repaired again at no additional cost.   
 
13.4   Subject to compliance by Client with the provisions set forth in applicable laws and regulations, when: (i) net content of a Product or the quantity delivered is less than that indicated in the packaging, container, packaging or when measuring instruments that do not comply with the applicable provisions are used, considering the tolerance limits allowed by applicable laws; (ii) the Product does not correspond to the quality, brand or specifications and additional substantial elements under which it was offered or does not comply with relevant Official Mexican Standards; (iii) the repaired Product is not is not in a suitable condition for its use or destination, within the warranty term; or (iv) the Product presents flaws or hidden defects that make it improper for the uses to which it is usually destined, that lower its quality or the possibility for its use or does not offer the security that, given its nature, it is normally expected from the same and its reasonable use, Client will have the right to, at their choice, ask for the exchange of the relevant Product (pursuant to the provisions set forth in Section 12 above), the refund of the amounts paid, price reduction, rescission of the contract entered into with Gucci México and, in any case, payment of a bonification of an amount equivalent to twenty percent (20%) of the price paid for the relevant Products, subject to the provisions set forth within applicable laws. 
 


14. Guarantee of authenticity and intellectual property rights 

 
14.1   Gucci México hereby guarantees the authenticity of all Products purchased on the Website. Products bearing the “Gucci” trademark are produced with materials, are manufactured by artisans, and are all rigorously and fully MADE IN ITALY, with the sole exception of watches, which are made in Switzerland and perfumes and cosmetics, which are made in the European Union (mainly in France and United Kingdom) and Japan.
 
14.2   The “Gucci” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the companies of Guccio Gucci S.p.A, a company belonging to the Kering Group.
 


15. Applicable Law and Construction; Jurisdiction; Miscellaneous  

 
15.1   These General Conditions and, therefore, the contracts executed with Clients, shall be governed by and will be interpreted in accordance with the laws of Mexico. These General Conditions shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to the Products the interpretation or application of these General Conditions or the breach, termination or validity thereof, and/or the relationships which result from these General Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a “Claim”) shall be expressly submitted to the jurisdiction of the Federal Competent Courts of Mexico City, Mexico, expressly waiving any other forum or jurisdiction that may correspond them derived from their present or future domicile or by any other reason. In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
 
15.2   In the event Client purchases Products from or in any other place outside of Mexico, Client hereby acknowledges and accepts that he/she does so at his/her own risk and responsibility, releasing Gucci México from any and all liability and agreeing to indemnify and hold Gucci México harmless, including but not limited to, from: (i) breach by Client of any provision contained in these General Conditions; and/or (ii) any violation by Client of any third-party rights.  
 
15.3   E-mails and/or telephones and/or faxes and/or any other means of communication referred to on the Website will not be means accepted by Gucci México for the reception of any type of judicial notification or lawsuits, summons, authority requirements or any other type of information, except as expressly provided for in these General Conditions. For the purposes referred to above, the domicile that must govern will be the one indicated in Section 2 of these General Conditions.  
 
15.4   The headings used in these General Conditions are for reference purposes only and do not have contractual or binding effect.  
 
15.5   If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these General Conditions will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law, consistent with the intention of the invalid or unenforceable provision.  
 
15.6   The terms and conditions set forth herein constitute the entire agreement and understanding between the Client and Gucci México with respect to the subject matter set forth herein and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained on the Website, including but not limited to any statements of policy or answers to frequently asked questions.  
 
15.7   Gucci México’s waiver of any provision of these General Conditions, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect to these General Conditions will not operate to excuse performance or waive any such right to require strict performance at any future time.  
 

16. Warranty 

16.1   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS SOLD THROUGH THE WEBSITE ARE SOLD “AS IS” WITH NO WARRANTIES EXCEPT AS STATED IN LIMITED WARRANTY CARDS AND BOOKLETS ACCOMPANYING SPECIFIC PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUCCI MÉXICO AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NON-INFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. Client acknowledges that no employee of Gucci México or its affiliates is authorized to make any representation or warranty on behalf of Gucci México or any of its affiliates that is not contained in these General Conditions. Gucci México also makes no warranties to Client with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within Client’s territory.  


17. Limitation of Liability 

 

17.1   SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CLIENT.  

 

17.2   TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, GUCCI MÉXICO AND ITS AFFILIATES OR AGENTS WILL NOT BE LIABLE FOR: (I) ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT GUCCI MÉXICO HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (II) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CLIENT BY ANY THIRD PARTY.  

 

17.3   TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTHING IN THESE GENERAL CONDITIONS SHALL EXCLUDE OR LIMIT: (I) GUCCI MÉXICO’S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM GUCCI MÉXICO’S NEGLIGENCE; (II) GUCCI MÉXICO’S LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.  

 

17.4   Gucci México will not be responsible for and no liability shall result to Gucci México or any of its affiliates for any delays in delivery or in performance which result from any circumstances beyond Gucci México’s reasonable control, including, but not limited to, Product unavailability, Carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, force majeure events, acts of God, epidemics, pandemics or acts or laws of any government or agency.  

 

18. Contact Information; Claims and Clarifications  

 

18.1   For further information and assistance with the Website or on the methods of online purchases, Client may contact Gucci México by telephone or e-mail, as set forth below:

Gucci México Client Services
E-mail: clientservices.mx@gucci.com
Phone: +52 800 461 0560

Hours of operation:

Monday to Saturday: From 8:00 am to 10:00 pm (Mexico City time).
Sunday: From 9:00 am to 8:00 pm (Mexico City time).
E-mail response time: From twenty-four (24) to seventy-two (72) hours.

 

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