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法律部分
Table of Contents
Terms & Conditions
GENERAL TERMS OF USE
General Terms and Conditions of Use of the Website
Updated to January 2024
Welcome to http://www.gucci.com/nz/.
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 and the services available through the Website ("Services").
Use of the Website and of the Services implies the full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Clause 14 (below), and acknowledgement of their relevant mandatory nature. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. 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 and indicate your acceptance during the registration, or subscription, process. If you ("User") do not agree to be bound by these Terms of Use and to follow all applicable laws, you should not proceed with registering or using the Services.
Gucci reserves the right, at its sole discretion, to modify these Terms of Use from time to time. We will post the revised Terms of Use on this Website and update the "Last Updated" date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the Terms of Use in their amended version and full acceptance of their mandatory nature. If you do not agree with the revised Terms of Use, please stop using the Website and the Services.
If any term of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms of Use, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
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, Italy, 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 (hereinafter "Gucci", “we”, “us”, “our”), also by means of the associated Gucci America Inc.
1.2 Purchases made through the Website by customers in New Zealand are processed by Gucci Australia Pty Ltd (ABN 49 093 354 548), Level 26, 201 Elizabeth Street, Sydney NSW 2000, Australia. Any such purchases will be subject to Gucci’s General Conditions of Sale for New Zealand.
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.
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.
4.1 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.
5.1 Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
5.2 You agree that we may contact you for Services–related matters by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges. All SMS, e-mail or other electronic messages we send you pursuant to this clause 5.2 will contain an unsubscribe facility that will enable you to unsubscribe from receiving any more such messages from Gucci.
6.1 The terms “Website” and “material” refer, respectively by way of example, to the software for design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other material reproduced and / or made available through this Website (“Material”).
6.2 All materials on this Website (and the Website itself), in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected by intellectual property rights and are (as between you and us) owned by Gucci and / or Gucci America Inc. All rights are reserved, worldwide.
6.3 All trademarks, trade names, logos and other distinctive design and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of Gucci America Inc. in the United States and of Gucci in all other countries. All domain names used on the Website and / or connected to it are owned – or used with permission - by Gucci, that manages them on a worldwide basis.
6.4 This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for information and/or promotional purposes only.
6.5 You are not permitted to reproduce (except where the reproduction is made for personal non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and / or use derivative works from, sell or participate in any sale of, this Website, any of the material in this Website or related software, in whole and / or in part, in any form and / or manner, and for any purpose, except with our prior written consent. If the downloading or the copying should be permitted by Gucci in writing, you will not obtain any right, title or interest in any material or software as a result of any such downloading or copying.
6.6 Gucci is fully committed to maintain, enforce and protect its intellectual property rights throughout the world and to strongly fight against any infringement in order to ensure that its unique heritage be strongly preserved and fully respected. Any use which is not expressly permitted by these Terms of Use is prohibited. The lack of any remedy by Gucci whether in Court or out-of-Court (including any failure by Gucci to enforce any of the provisions of these Terms of Use) does not mean acquiescence or tolerance of any violations of these Terms of Use of the Website and / or breach of intellectual property rights of which Gucci has the ownership and / or availability.
7.1 You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to Gucci through this Website or by other means ("Submitted Material") is not considered confidential. By submitting the Submitted Material you grant to Gucci a non exclusive, royalty free, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.
7.2 Gucci is not required or will not be required in the future to:
(i) keep any Submitted Material confidential;
(ii) pay compensation for any use of the Submitted Material or in connection to it;
(iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.
7.3 You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights. You consent to any use of the Submitted Material which would, but for this clause, infringe your moral rights.
7.4 By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of Gucci to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, product development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
7.5 Gucci retains the right to reject or delete any Submitted Material for any or no reason, including Submitted Material that in our judgment violates these Terms of Use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
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 accessibility of third party websites or for their content.
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 of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
8.3 You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of Gucci.
9.1 The products branded "Gucci" promoted through the Website are made with the finest materials, and they are all MADE IN ITALY, with the only exception of those products related to watches, which are produced in Switzerland, and fragrances, which are produced in France.
10.1 NOTHING IN THIS SECTION 10 RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY STATUTORY RIGHTS UNDER ANY LAW THAT CANNOT BE LAWFULLY RESTRICTED, EXCLUDED OR MODIFIED.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS CONTENTS AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN "AS IS" AND "AS AVAILABLE" BASIS. GUCCI PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR)), OR THAT IT IS SUITABILE FOR ANY PARTICULAR PURPOSES, AND GUCCI EXPRESSLY DECLINES ANY SUCH WARRANTIES.
10.3 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.
11.1 NOTHING IN THIS SECTION 11 WILL LIMIT YOUR RIGHTS UNDER THE CONSUMER GUARANTEES ACT 1993 AND THE FAIR TRADING ACT 1986.
11.2 AS THE SERVICE IS PROVIDED FREE OF CHARGE, 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 (INCLUDING IN NEGLIGENCE), 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 IT IS UNDERSTOOD THAT NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR WILLFUL INTENT; (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.
11.5 SUBJECT TO CLAUSE 11.3 AND WHERE PERMISSIBLE BY LAW, OUR LIABILITY UNDER ANY STATUTORY PROVISION THAT CANNOT BE EXCLUDED IS LIMITED TO (AT OUR ELECTION) THE SUPPLYING OF THE RELEVANT SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE RELEVANT SERVICES SUPPLIED AGAIN.
12.1 If permitted under applicable law, you agree to indemnify and hold us, and each of our subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website and the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein and/or if any Submitted Material that is transmitted through the Services causes us to incur liability to a third party.
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 laws of New Zealand (without regard to its conflict of law provisions). All disputes arising out of or relating to these Terms of Use or any non-contractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of the New Zealand courts.
14.1 Before uploading or providing any personal data to this Website please read carefully the Privacy Policy, which is available by clicking here.
Terms of Sales
GENERAL CONDITIONS OF SALE
General Conditions of Sale
Updated to July, 2023
1.1. These general conditions of sale (hereinafter, “General Conditions”) apply to all distance sales of Gucci products (“Products” or “Product”) carried out through the www.gucci.com/nz/ website (”Website”).
1.2. Distance selling of Products under these General Conditions is only available to consumers (”Clients” or ”Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18.
1.3. The language used to enter any contract of sale through this Website is English.
1.4. Clients are required to carefully read and understand these General Conditions, which are available on the Website, to enable Clients to understand and accept the terms and conditions under which the Products are made available and sold. A copy of the General Conditions will be sent to the Client by Gucci (as defined in Section 2.1 below) according to Section 5.13 below. Contracts of sale executed with the Clients will be archived by Gucci for any retention period required by applicable law.
1.5. Gucci reserves the right to add, vary or amend any of these General Conditions from time to time without prior notice to the Client. Gucci may update the General Conditions by updating this page from time to time, and in its sole discretion. A purchase made through the Website will be subject to the version of the General Conditions that was in force at the time of Gucci accepting the relevant order proposal in accordance with Section 5 of these General Conditions.
2.1 The vendor is Gucci Australia Pty Ltd (ABN 49 093 354 548), Level 26, 201 Elizabeth Street, Sydney NSW 2000, Australia (“Gucci”).
3.1. Information on Products (along with the relevant Product codes) is available on the Website. Pictures and written description of the Products displayed on the Website may not correspond to their actual appearance. The style, models and colours of the Products described on the Website may be changed without notice.
3.2. The Products available on the Website are a selection of luxury goods normally available in physical Gucci stores such as bags, shoes, leather goods, luggage, clothing, jewellery, watches, sunglasses and accessories, but Gucci does not make any representation or warranty to Clients relating to the availability in the stores of the Products available in the Website, or vice versa.
3.3. All Products on the Website are subject to availability. Gucci will inform the Client if an order proposal cannot be processed due to the unavailability of the relevant Product. Gucci is not liable towards the Client in case of unavailability of the Product prior to the execution of the contract
3.4. The maximum number of pieces for each Product included by the Client in an order proposal is four (4) pieces. Gucci reserves the right at any time to further limit quantities and/or types of Products available for ordering through the Website.
3.5. For further information about any Product and its availability, the Client may contact the nearest authorised Gucci store, or an online sales associate by calling 0800.008.800, or by email at clientservice.nz@gucci.com.
3.6. In no case Gucci shall be liable for errors occurred due to failure of the Client’s connection to the Website.
4.1. The prices of the Products are indicated on the Website in New Zealand Dollars (NZD) and are inclusive of all applicable duties, taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately on the order form. Delivery costs are waived when free shipping is promoted on the Website.
4.2. Gucci regularly verifies that prices of the Products displayed on the Website are correct; however, Gucci cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Gucci shall refuse the order proposal and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order proposal has been accepted, Gucci will also offer the Client the opportunity to cancel the order. If Gucci is unable to contact the Client, the order proposal will be cancelled without additional prior notice.
5.1. The information displayed on the Website (including the price and essential characteristics of Products) is an invitation to treat and does not represent an offer by Gucci.
5.2. Depending on availability, purchases may be made either directly through Gucci.com, or through the assistance of our online personal shoppers via phone by calling 0800.008.800, or by email at clientservice.nz@gucci.com.
5.3. Gucci shall only accept order proposals made by residents in New Zealand, whereby the delivery address is within New Zealand.
5.4. Before submitting an order proposal through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the statutory consumer rights and the privacy policy statement), along with these General Conditions.
5.5. To purchase a Product electronically through the Website, Client must (i) include the selected Product in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal form, (iii) select the payment modality, (iv) accept the General Conditions and (v) send the order proposal to Gucci through the Website. To purchase a Product by email or phone, Clients may contact our online personal shoppers in accordance with Section 5.2. Order confirmation including these General Condition of Sales will be sent to the Client via email.
5.6. Sending of the order proposal constitutes an offer with respect to the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the withdrawal right under Section 10). The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the relevant Product(s) if the order proposal is accepted by Gucci in accordance with Section 5.11.
5.7. 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”).
5.8. Without prejudice to the use of data described in the privacy policy statement, the order proposal and the Client’s data related to that order proposal may be kept by Gucci for the period required by applicable legislation. On the base of Gucci’s legitimate interest we can use personal data provided by You 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 product purchased, country of billing and shipping, returns made.
5.9. Gucci reserves the right to contact Clients to verify order details once an order proposal has been received. Confirmation of the Client and order details may require the Client to provide additional information and proof of identification, written and/or verbal. If verification is needed, an online personal shopper will contact the Client on their provided phone number, and/or the provided email address. If for whatever reason the Client cannot be reached within 5 working days, the order proposal may be cancelled without additional prior notice.
5.10. An order proposal may be refused by Gucci (provided that no consideration shall be due by the Client to Gucci, with the sole exception of those sums mentioned under Section 7 below, if any) within 5 days at its sole discretion, including in case of:
(i) the Products being not available (with no prejudice to the provision set out under Section 3.3);
(ii) the order is associated with fraudulent or illegal activities (whether actual or suspected)
(iii) the Client is purchasing the Products for resale purposes; or
(iv) the Client has not fulfilled his/her obligations deriving from a prior contract executed with Gucci.
5.11. The contract between Gucci and the Client is deemed to be executed upon receipt by the Client of the acceptance by Gucci of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by Gucci shall be sent to the Client via e-mail at the address provided by the Client in the order proposal ("Order Confirmation").
5.12. In case of unavailability of one or more of the relevant Products, Gucci will send the Client an e-mail duly informing him/her about the matter. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
5.13. The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, and a copy of these General Conditions, which contain information on the conditions and methods to cancel an order, the address to which complaints may be addressed, information on support services and on existing commercial terms. If the Client’s order pertains to one or more customised Products, the Client may not cancel the order proposal after the Order Confirmation is sent out by Gucci.
5.14. The ownership of, and the risk of loss of or damage to, the Products shall pass to the Client when the Client (or a third party acting on behalf of the Client, and other than the Courier) has accepted the physical possession of the Product.
6.1. During sale periods on the Website, Clients making purchases on sale products are subject to the following conditions:
(i) Subject to point (ii) below, no exchanges or refunds are available on sale items. Clients are advised to make their selections carefully.
(ii) Exchanges and refunds will be only accepted and processed if the item is deemed faulty, defective, or otherwise wrongly described. Any faulty item claim must be made within a reasonable time frame of receiving the goods, and is not subject to the thirty (30) day return time frame.
(iii) To raise a request for a return or an exchange according to the conditions of point (ii), please follow the instructions and conditions outlined in Sections 12. ‘Return or exchange of products’
(iv) At Gucci, we endeavour to ensure that our pricing is accurate and current. For the conditions relating to pricing, please refer to Section 4. ‘Pricing’.
(v) Please be advised that during sale periods, orders can take up to 3 business days to process and ship from the day the order proposal is submitted. If verification of Client and order details is necessary, as per Section 5. “Execution of the contract”, Paragraph 5.9, and the client is not contactable, this may cause further delays with order processing.
(vi) Availability of sale products is subject to Section 3. Information on Products and availability, Paragraph 3.3.
7.1. Payment of the price of the Products included in the order proposal and the relevant delivery charges shall be paid by the Client by credit card or Paypal. For purchases made through the assistance of our online personal shoppers via phone, the Client will receive [by email / sms] a link to a payment webpage to enable Clients to pay by credit card. This payment link will expire after 24 hours of being sent.
7.2. Gucci accepts payments made with the following credit cards:
Visa;
MasterCard;
American Express;
JCB;
Diners Club;
7.3. The transactions will be debited from the Client’s credit card only after:
(i) the credit card data has been verified. Gucci reserves the right to contact Clients to verify order details once an order proposal has been submitted. Confirmation of the Client and order details may require the Client to provide additional information and proof of identification, written and/or verbal. If verification is needed, an online personal shopper will contact the Client on their provided phone number, and/or the provided email address. If for whatever reason the Client cannot be reached within 5 working days, the order proposal may be cancelled;
(ii) the authorisation to debit the card has been received from the issuer of the card used by the Client; and
(iii) the availability of the Product has been confirmed by Gucci.
7.4 No debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge of $1 NZD necessary to check the credit card’s validity. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by the Client. Moreover, also in case the order is cancelled this temporary charge will be definitely cancelled as well.
7.5. Except in relation to customised or Made to Order Products, payment shall be due at the moment the order is ready for shipment. In the case of customised or Made to Order Products, the Client is required to make full payment of the price and associated delivery charges within [1-3] days of Gucci sending the Order Confirmation.
7.6. In the event that, for any reason, it is impossible to debit the amount due by the Client (or to have the cleared funds received on Gucci's bank account, in case of bank transfer) by the payment due date (see point 7.6 above), the contract will not be executed and the order will be cancelled without additional prior notice to the Client.
8.1. Products shall be delivered to the address indicated by the Client in the order proposal. The signature of the Client (or of a nominated representative) will be required at the time of delivery. Products may not be left unattended, despite permission of the Client to do so. Gucci will not deliver to PO boxes or Parcel Lockers.
8.2. For each order, Gucci shall invoice the Products by email or by post to the Client, pursuant to any applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
8.3. Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice. Delivery costs are waived when free shipping is promoted on the Website.
8.4. The purchased Product shall be delivered by a courier service (hereinafter, “Courier”).
8.5. At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
Any damage to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note, and reported to Gucci by calling 0800.008.800, or clientservice.nz@gucci.com. Except to the extent permitted under applicable laws (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986), once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel provided that the Client is entitled to subsequently raise objections in relation to any other features related to the Products in accordance with the conditions set forth under Section 13 below.
8.7. If your order consists of multiple items, or pre-order styles, these items may be sent and charged separately.
9.1. Gucci shall send to the Client a shipping confirmation via e-mail once the Products are dispatched.
10.1. To estimate the total delivery time for Products under the ‘Express’ method, please allow 1-2 (one to two) business days to process an order for shipment from the time the order proposal is submitted, and then an additional 3-5 business days from the date the Product is dispatched for delivery.
10.2. Gucci shall not be responsible for any delays caused by carrier services which are an independent organisation from Gucci.
11.1. Products purchased from the Website are delivered with complimentary Gucci gift packaging. Products are individually wrapped in tissue, and enclosed in a signature Gucci gift box tied with Gucci satin ribbon. The order is then placed into an unbranded outer box for the purposes of delivery. Gucci shopping bags are not provided with online purchases unless specifically requested and subject to availability.
12.1. The Client’s rights under this Section 12 are in addition to any rights the Client may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. See Section 13 below for further details.
12.2. Without prejudice to the Client rights according to Sections 13 below, Gucci allows in any case the Client to return or exchange Products purchased at full price on the Website within 30 (thirty) days of the date products were received, pursuant to the following procedure:
(I) a. Items must be in their unused, original condition;
b. Return tags, where included, must still be attached to the item/s, as well as any other original tags, authenticity cards, dust bags, leather tags or instruction booklets;
c. Incomplete, damaged, worn or soiled items will not be accepted;
d. Intimate apparel, swimwear, and earrings are excluded from this policy for hygiene reasons;
e. Fragrances and beauty products may only be returned if unopened; and
f. The right to return or exchange Products under this Section 12 does not apply to personalised, Made to Order or customised Products, for example, those engraved with the Client’s initials.
(II) Once the Product is received, the Client shall promptly contact Gucci by email at clientservice.nz@gucci.com, or call 0800.008.800;
(III) Client shall fill in four copies of return commercial invoice provided with the delivered Product which is intended to be returned or exchanged, clearly indicating the code and the size of the new Product that the Client wishes to receive (such codes and sizes being indicated on the Website);
(IV) No later than 30 (thirty) days from the date of delivery of the Product, the Product to be returned or exchanged must be returned by the Client to Gucci in its original condition. The Product must be accompanied by the original Gucci packaging and box, and further sealed in the provided, or a suitable alternative, outer box, along with the labels attached to the Products and the form indicated under point 12.2. (III) above. The Client may return the Products to Gucci by:
a. sending the Products by Courier to Gucci’s warehouse in Australia
b. taking the Products into, or shipping the Products to, a Gucci store in New Zealand.
(V) For a limited time, Gucci will offer complimentary pick-up of the Product to be returned, from the Client’s preferred address. This offer is only applicable on the first return of an order, in the case of exchanges of Products;
(VI) The amount paid by the Client shall be reimbursed by Gucci, through the payment system used by the Client for the purchase, within 14 (fourteen) days after the returned Product has been delivered to Gucci. Following the reimbursement to the Client, an automated email will be sent to the Client on the email address provided in the order proposal, detailing the return of the Product. Once a reimbursement is performed, Gucci is not responsible for processing times of individual financial institutions. Clients should allow an additional 10-15 working days for the reimbursement to reach their relevant account once email notification is received. An exchange will be accepted by Gucci subject to the availability of the new Product requested.
12.3. Gucci reserves the right to refuse returns of Products that do not comply with these requirements.
12.4. The exchange will be processed by Gucci as a new order of the Client subject to the same terms and conditions as set out in these General Conditions for the initial order. The new order is placed by Gucci on behalf of the Client immediately after the reimbursement has been processed.
13.1. Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993 . You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. A major failure occurs when the goods are:
(i) significantly different from the description, sample or demonstration provided;
(ii) substantially unfit for their normal purpose;
(iii) unsafe;
(iv) are such that a reasonable consumer would not have bought the goods if they had known about the problem.
13.2. If a Product sold by Gucci is believed to be faulty, defective or wrongly described, or is otherwise not of acceptable quality or in breach of the Consumer Guarantees Act 1993, and the Client wishes to receive a refund, return or repair of the Product or seek any of its other remedies under the Consumer Guarantees Act 1993 , the Client must immediately contact Online Support by email to clientservice.nz@gucci.com, by calling 0800.008.800, or by post to the following address:
Gucci Australia
Level 26/201 Elizabeth Street
Sydney
NSW 2000
Attn: Aftersales
Clients may also take the Product into a Gucci directly operated boutique in New Zealand, along with their proof of purchase, for the Product to be relayed to the Gucci Quality Control and Aftersales Technical Teams.
13.3. Unless otherwise agreed by Gucci and subject to the Consumer Guarantees Act 1993, all requests for repair, refund or exchange of any Products pursuant to Section 13.2 must be sent by the Client to Gucci together with the relevant goods at the address set out in Section 13.2, with appropriate proof of purchase (original invoice or gift exchange card) issued by Gucci and details of the Client’s name, address and telephone number.
13.4. To the extent permissible by law, Gucci’s maximum aggregate liability to the Client (whether under contract, tort (including negligence), statute or otherwise) in connection with these General Conditions and the supply or use of the Products is limited to the cost of the Products (including any delivery charges). The previous sentence does not apply to any liability which cannot be excluded or limited under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
13.5. In the event that the Client is seeking the Product to be 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, as well as any costs related to the delivery to the Client of the repaired or replacement Product.
14.1. Gucci 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 timekeeping Products, 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, together with the set of figurative and non-figurative trademarks and service marks, present in the Products, the relevant accessories and/or packaging, and marks consisting of shapes of goods, that are subject to registration or otherwise, together with all the illustrations, images and text 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 Gucci, Gucci America Inc. for the United States and Guccio Gucci S.p.A for other countries, companies belonging to the Kering Group.
15.1. This document is governed by and is to be construed in accordance with the laws applicable in New Zealand. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
16.1. For further information and assistance with the Website or on the methods of purchase online, the Client may contact Gucci at one of the following contacts:
Gucci Australia Pty Ltd
Level 26, 201 Elizabeth Street
Sydney NSW 2000, AUSTRALIA
Phone no. [0800.008.800]
Fax no. [02 9283 6093]
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