General Terms and Conditions of Use of 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.
1.1 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.
2.1 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.
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.
7.1 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.
8.1 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.
9.1 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.
10.1 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.
11.3 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.
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.
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).
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.
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.
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.
7.1 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.
7.5 At the time of delivery of the Products by the Carrier, Client (or a nominated adult representative) is required to verify:
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
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.
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
14. Guarantee of authenticity and intellectual property rights
15. Applicable Law and Construction; Jurisdiction; Miscellaneous
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.
17.1 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.