Legal conditions
Welcome to www.gucci.com/au website (hereinafter the "Website").
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE FOR THE WEBSITE (HEREINAFTER THE "TERMS OF USE") BEFORE USING THE WEBSITE.
The Website and its contents are designed, operated and maintained by Guccio Gucci SpA a sole ownership, with registered office in Via Tornabuoni 737r, 50123 Florence, VAT no. 04294710480, number of register of incorporation and Fiscal Code 03031300159, share capital Euro 50,000,000.00 fully paid-in. (hereinafter "Gucci"), also by means of the associated Gucci America Inc and Gucci Australia Pty Ltd ABN 49 093 354 548.
Sales made through the Website are carried out by different companies of the Group depending on the countries.
The following Terms of Use govern the access to the Website and its relevant use.
Use of the Website implies the full acceptance of these Terms of Use and of their relevant mandatory nature.
Gucci reserves the right, at its sole discretion, to modify these Terms of Use from time to time. The use of the Website after such modifications implies full acceptance of the Terms of Use in their amended version and full acceptance of their mandatory nature. If you do not agree with these amendments, please stop using the Website.
1. Protection of industrial and intellectual property rights
1.1 The terms Website and Material refer, respectively, and, by way of example, to the software for design, implementation and use of the Website, 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, drawings, logotypes and any graphic, logos, distinctive elements so-called trade address or any other material reproduced and / or made available through the Website.
1.2 The Website and the Material are proprietary of Gucci, and / or otherwise in its availability. All intellectual property rights existing on the Website and Material, in whole and in part, including by way of example trademarks, domain names, drawings and models, patents and copyright (copyright), are in the sole proprietary of Gucci and / or otherwise in its availability. All rights are reserved in all countries.
1.3 "GUCCI" trademark, "GG" logos, stylized letters "G", the green-red-green stripe, and all the other distinctive and characteristic signs related to Gucci brand, which are reproduced on the Website, whether registered or not, are trademarks of products and / or services of Guccio Gucci S.p.A. and / or Gucci America Inc. for the United States. All domain names used on the Website and / or connected to it are owned by Guccio Gucci SpA - and/or under its availability – that also manages them on a worldwide basis.
1.4 The material on this Website is presented for information and/ or promotional purposes.
1.5 The use of the Website is intended solely for its use for private and personal purposes and not for commercial or for profit purposes. Without the prior written consent of Gucci, you are not permitted to download or copy materials from this Website for commercial use, and or for any other private use. You are not permitted to reproduce, publish, disclose, transmit, make available to the public, distribute, display, remove, delete, add, or in any other way to adapt, develop and modify the Website and the Material, in whole and / or in part, or create and use, in any form and / or manner, and for any purpose, any derived works or on any case works inspired to them.
1.6 Gucci is seriously concerned and is sensitive about the protection of intellectual property rights and strongly opposes any illicit exploitation of its intellectual properties. Any use which is not expressly permitted by these Terms of Use is prohibited. The lack of any enforcement of its intellectual property rights or these Terms of Use by Gucci whether in Court or out-of-Court 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. For more information you are invited to read also Gucci’s IP and anti-counterfeiting policy, by clicking here.
2. Submitted material
2.1 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 (hereinafter, the "Submitted Material") is not considered confidential. By submitting the Submitted Material you grant to Gucci a non exclusive 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 products development purposes.
2.2 Gucci is not required or will be required in the future to:
(i) keep any possible Submitted Material confidential;
(ii) pay any compensation for any use of the Submitted Material or in connection to it;
(iii) respond to submission of Submitted Material and / or confirm the relevant receipt.
2.3 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.
2.4 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, products 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.
3. Links to other sites and to the Website
3.1 This Website may contain links to other sites. Gucci will not be considered responsible for the accessibility of third party’s websites nor of their content or material obtained by means of these sites.
3.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, nor could be interpreted, in any way, as Gucci approval. Any question or comment related to these sites must be addressed to the relevant operators.
3.3 The link and the framing, and in any case every form of link to any part or section of the Website and / or to the Material, in whole or in part, are not permitted, without prior written consent of Gucci.
4. Exclusion of warranty
NOTE: this section only applies to your use of the Website and the information on it. It does not apply to the purchase of any goods from the Website. Specific guarantees are provided under the Australian Consumer Law for the purchase of our goods- see (link to Australian sales terms) for further details.
4.1 To the extent permitted by law, this Website and its contents are provided on an "as they are" and "as available" basis. Gucci provides no statement of fact nor guarantees in connection with this Website and its content, including, by way of example, warranties of title or safety from malicious programs (such as viruses or malware), or warranties of merchantability or suitability for special purposes, and expressly declines any statement of facts, and warranty.
4.2 Gucci works to ensure that the information made available through the Website are accurate and updated. Gucci reserves the right to correct the contents of the Website at any time without notice and without any liability.
4.3 This Website and all information and material contained herein may be subject to modification at any time, and from time to time, and without any prior or subsequent obligation to give any notice.
5. Limitation of liability
NOTE: this section only applies to your use of the Website and the information on it. It does not apply to the purchase of any goods from the Website. Specific guarantees are provided under the Australian Consumer Law for the purchase of our goods- see (link to Australian sales terms) for further details.
5.1 To the extent permitted by law. Gucci cannot be considered liable for damages arising from your use of the Website and of its contents if your use is not compliant with applicable law, except in case of Gucci for fraud or gross negligence.
5.2 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. You also undertake not to hold Gucci liable, in any way, for any possible damages arising or resulting from the use of this Website or related to it, to the extent permitted by law.
6. Authenticity of the products branded "Gucci"
6.1 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.
7. Miscellaneous
7.1 Current Terms of Use are governed by Italian Law.
8. Privacy
8.1 For information regarding the protection of personal data please refer to the privacy policy by clicking here.
1. General provisions
1.1. These general conditions of sale (hereinafter, “General Conditions”) apply to all distance sales of “Gucci” products (hereinafter, “Products” or “Product”) carried out through the www.gucci.com/au website (hereinafter, “Website”).
1.2. Distance selling services described in these General Conditions are only available to consumers (hereinafter, “Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18 (or, if they are minors, duly authorized by their legal representative).
1.3. The language used to enter any contract through this Website is English.
1.4. Clients are required to carefully read the General Conditions, which have been made available on the Website to enable Clients to understand and accept the terms and conditions under which the Products are sold. A copy of the General Conditions shall in any case be sent to the Client by email, as set out in Paragraph 7 of these General Conditions. Contracts with the Clients will be archived by Gucci with access for the Clients via the Website through their account
2. Identification of the vendor
2.1 The vendor is Gucci Australia Pty Ltd ABN 49 093 354 548 of Level 6, 10-14 Waterloo Street Surry Hills. NSW 2010 Australia a company part of PPR Luxury Group (hereinafter, “Gucci”).
3. Information on Products and their availability
3.1. Information on Products, along with the relevant product codes, are available on the Website.
3.2. The Website does not contain every Product. The Products available on the Website are a selection of items normally available in stores such as bags, shoes, leather goods, luggage, clothing, jewellery, watches, sunglasses, accessories and luxury goods. Depictions of the Products displayed on the Website may not correspond to their actual appearance. For any further information, the Client may contact the nearest authorised Gucci store. Not all Products described on the Website are or will be available from all Gucci stores.
3.3. All the Products are subject to availability. Gucci reserves the right at any time to alter limits on quantities and/or types of Products available online from the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the transaction process, an automatic response will inform the Client when the order will be fulfilled or if the order cannot be processed due to the unavailability of the ordered Product.
4. Price
4.1. The prices of the Products are indicated on the Website in Australian dollars and are inclusive of all applicable taxes and charges including GST Delivery costs shall be added to the price of the Products and are indicated separately on the order form.
4.2. Gucci regularly verifies that all the prices displayed on the Website are correct, however, cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Gucci shall offer the Client the opportunity to purchase the Product at the correct price or to cancel the order.
4.3. The information displayed on the Website is an invitation to treat and does not represent an offer by Gucci.
5. Purchases
5.1. The essential characteristics and the price of each Product are provided for each Product displayed on the Website.
5.2. Before they submit an order proposal, Clients should ensure that they read and understand all the instructions provided during the purchase procedure along with these General Conditions, because they will be bound by all of them once a contract comes into existence. To purchase a Product, Clients must fill in an order proposal and send it to Gucci through the Website. Clients must place the Product in their “shopping bag” and, after having read and accepted these General Conditions, with particular regard to the delivery charges and the conditions for the right of withdrawal, as well as after having read the privacy policy statement, must select the desired payment method and choose the “place order” option.
5.3. If Clients need to correct any errors in data they have entered, they should follow the process provided on the Website, before sending their order proposal. In particular, Clients may alter the quantity of Products that they intend to purchase by adding or removing one or more Products from their “shopping bag”.
5.4. By sending an order proposal to Gucci, the Client acknowledges and declares that (s) he has read all the instructions provided during the purchase procedure and fully accepts these General Conditions.
5.5. Without prejudice to the use of data described in the privacy policy, 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.
6. Method of payment
6.1. Clients may pay for the Products and the relevant delivery charges by credit card.
6.2. Gucci accepts payments made with the following credit cards:
Visa
MasterCard
American Express
JCD
Diners
6.3. The transactions will be debited from the Client’s credit card only after:
(i) the credit card data has been verified;
(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 and the order is therefore ready to be fulfilled.
6.4. No debit shall be made at the moment of transmission of the order proposal, with the exception of the charge necessary to check the credit card’s validity, if any.
6.5. In the event that, for any reason, it is impossible to debit amounts due from the Client, the transaction shall be stopped and the sale cancelled.
7. Conclusion of the contract
7.1. The contract between Gucci and the Client shall be deemed to be executed at the moment that the Client receives confirmation from Gucci that his/her order proposal, sent through the process set out on the Website, has been concluded successfully, once the availability of the Product has been verified and the price for the purchase has been debited to the Client’s credit card or, in the case of payment by bank transfer, confirmation of the receipt of the bank transfer has been received. The Client’s order proposal shall become binding on Gucci when the Website purchase procedure is completed without error.
7.2. Gucci reserves the right to partially fulfil any order proposal in the event that one or more of the Products ordered by the Client is not available. In such cases, only the sum relating to the partially fulfilled order proposal shall be debited.
7.3. Gucci shall not be liable for errors due to Client’s connection to the Website.
7.4. At the moment of confirmation of the order or execution of the contract, Gucci shall provide the Client, by email information on the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to cancel an order including information on the exclusion of the right to exchange or cancel an order for personalised Products, the address to which complaints may be addressed, information on support services and on existing commercial terms. The Client should immediately review this communication and notify Gucci of any errors or omissions immediately.
8. Invalidity of the order proposal
8.1. Notwithstanding the provisions of Paragraph 7 above, no order proposal shall be considered as accepted by Gucci nor shall any contract be concluded between Gucci and the Client if Gucci has reasonable reason to believe that the Client:
(i) intends to purchase the Products for commercial or professional purposes;
(ii) is not a bona fide Client; or
(iii) will attempt to exercise a right to cancel an order in any illegitimate manner.
8.2. In such cases, the order proposal sent by the Client shall be void and have no effect. Gucci shall notify the Client, by email, of its non-acceptance of the order proposal and the failure to conclude the contract and shall also cancel any debit and/or charge against the Client.
9. Transport and delivery
9.1. For security reasons, Products purchased from the Website shall be delivered to the address registered on the credit card unless otherwise indicated by the Client. The signature of the Client or of a nominated adult over 18 years of age will be required at the time of delivery. Gucci cannot deliver to PO boxes.
9.2. In case of payment by bank transfer, deliveries shall be sent once the transfer has been received in cleared funds by Gucci.
9.3. For each order, Gucci shall invoice the Products by email or by post to the purchaser. 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 it has been issued.
9.4. Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.
9.5. All purchases shall be delivered by TNT between Monday and Friday excluding Saturdays, Sundays and local or national holidays, from the day following that of the confirmation of acceptance of the order proposal, on the basis of the indicated availability. Gucci is not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
9.6. In the event that, in response to Gucci’s notification of a delay in the delivery, the Client wishes to cancel the order, any amount already paid by the Client shall be reimbursed as soon as possible, in all cases no later than 30 (thirty) days after the date of receipt of the Client’s notification of cancellation of the order, with the exception of personalised Products, which are subject to Paragraph 12 below.
9.7. The Client or his/her nominated representative must be present at the delivery address indicated on the order for delivery of the Products. At the time of delivery of the Products by the Courier TNT, the Client 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 damages 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. Except to the extent otherwise permitted by law. 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 consigned parcel.
10. Dispatching and delivery confirmation
10.1. Gucci shall send the Client a confirmation email once the Products are dispatched and a further communication once the Products have been delivered.
11. Wrapping or packaging
11.1. Products purchased from the Website are delivered with the same Gucci standard packaging as provided in Gucci stores.
12. Products excluded from the right to cancel order
12.1. Except where the Client has rights or remedies under the Australian Consumer law (see Paragraph 15 below) orders for the Products may not be cancelled pursuant to Paragraph 13 or exchange pursuant to Paragraph 14 (unless the items is faulty, defective or otherwise wrongly described)
12.2
i) used or altered goods, or goods with signs of damage arising from misuse or normal wear and tear;
ii) embossed or engraved Products;
iii) due to hygiene reasons, watches, sunglasses, intimate apparel, perfume, swimwear, hats and earrings
12.3. The Client is aware that images on the Website do not necessarily correspond to reality: images and photographs of the engraving may not reflect the actual appearance of the final product.
13. Right to cancel orders
THE CLIENT’S RIGHTS UNDER THIS CLAUSE ARE IN ADDITION TO ANY RIGHTS THE CLIENT MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW. SEE PARAGRAPH 15 FOR FURTHER DETAILS.
13.1. Gucci seeks the complete satisfaction of its Clients. In addition to the Client’s rights at law the Client may return an order for Product without specifying any reason, by returning the Products, purchased from the Website, within 14 (fourteen) working days of the date the Products were received. This applies to all Products other than those specified in the Paragraph 12.2
13.2. To exercise the right to return an order without specifiying any reason to return an order without the Client should call or email our Customer Service at the following: assistance@au-onlineshopping.gucci.com, or 130.044.2878 and follow the Return Guidelines.
- an indication of his/her intention to exercise the right to return the order
- an indication of the Products for which the Client wishes to exercise the right of return.
- the order number; and
13.3. Upon validly exercising the right to return and order, Gucci shall reimburse the full price of the Products provided that they are returned by the Client to Gucci unworn, unused and undamaged, accompanied by the relevant original invoice and the original Gucci packaging, and return tag attached.
13.4. Gucci reserves the right to refuse returns of Products that do not comply with these requirements of Paragraph 13. In cases of defective Products, the provisions of Paragraph 15” faulty, defective and wrongly described products“ shall apply. Reimbursements shall be made by the same method of payment used for purchase. Subject to applicable law. Products purchased online cannot be reimbursed or exchanged for money at Gucci stores. However, such Products may be exchanged for other Products at stores operated directly by Gucci, with the exclusion of outlet stores, corners, franchisees and duty free stores, and subject to availability.
13.5. Gucci will offer free return.
13.6. Each delivery shall contain simple instructions for the return of the Products.
13.7. Gucci undertakes to reimburse the Client within 30 days of the date of receipt of the Client’s valid notification of return of the order.
13.8. Gucci shall send a notification email once the reimbursement has been made.
13.9. It is recommended that the Products be returned using a courier, insuring the entire value of the item and using a tracked delivery service. Gucci cannot be responsible for reimbursement or compensation of Products returned but not received by Gucci due to loss, theft or damage that is not attributable to Gucci.
13.10. If a Client wishes to amend or cancel an order already made, he/she must immediately send an email to assistance@au-onlineshopping.gucci.com This e-mail must be sent before the Client receives confirmation of dispatch by Gucci.
13.11. Gucci shall make every effort to satisfy the Client’s request. However, once the Product has been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in these General Conditions.
14. Exchange of Products
THE CLIENT’S RIGHTS UNDER THIS CLAUSE ARE IN ADDITION TO ANY RIGHTS THE CLIENT MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW. SEE PARAGRAPH 15 FOR FURTHER DETAILS.
14.1. Gucci allows Clients to exchange products purchased on the Website without specifying any reason by returning the Products)together with the original receipt)within 14(fourteen) working days of the date the products were received.
14.2. To exchange a Product purchased on the Website pursuant to clause 14.1 Clients should follow the procedure set out below.
14.3. Clients who are not fully satisfied, or who believe there is a discrepancy in their order must keep all the documentation relating to the delivery and the Product itself in its original packaging, and immediately contact Gucci by email at assistance@au-onlineshopping.gucci.com following the return procedure set out in Paragraph 13 above.
14.4. The Product to be replaced must be received by Gucci in its original conditions as when delivered, as provided in Paragraph 13.3.
14.5. Under the exchange procedure, the amount paid by the Client shall firstly be reimbursed, through the payment system used by the Client for the purchase, as set out in Paragraph 6, before the new transaction can be made.
14.6. To exchange a Product, Clients must fill in the form provided with each delivered Product, clearly indicating the code and the size of the new Product that the Client wishes to receive.
14.7. The placement of the new order is subject to the availability of the Products requested.
14.8. Except where the Customer has the rights or remedies under the Australian Consumer Law. Delivery costs for the return of the Product are borne by the Client.
14.9. In the event that the Client is seeking exchange, replacement or repair pursuant to Paragraph 15 below, the replacement Product shall be sent to the Client by courier without any additional delivery charge payable by Client.
15. Faulty, defective and wrongly described products
OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. 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.
15.1. If a Product sold by Gucci is faulty, defective or wrongly described, or is otherwise not of acceptable quality or in breach of the Australian Consumer Law, and the Client wishes to receive a refund, return or repair of the Product or seek any of its other remedies under the Australian Consumer Lawthe Client must immediately contact Online Support by email to assistance@au-onlineshopping.gucci.com, by phone to 130.044.2878 or by post to the following address:
Gucci Australia Pty Ltd
Level 6, 10-14 Waterloo Street
Surry Hills
NSW 2010, Australia
Attn.Customer Service
15.2. Unless otherwise agreed by Gucci and subject to the Australian Consumer Law, all requests for repair, refund or exchange of any Products pursuant to Paragraph 15.1 must be sent by the Client to Gucci ,previous call to our Customer Service to arrange a free collection at the Client personal address,together with the relevant goods at the address set out in Paragraph 15.1 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.
15.3. 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 the delivery charges). The previous sentence does not apply to any liability which cannot be excluded or limited under the Australian Consumer Law.
16. Errors or inaccuracies
16.1. Gucci undertakes to provide up to date information in the sections of the Website relating to the description and/or sale of the Products. However, Gucci cannot guarantee the Website will be error free. The Website in question may contain typing errors, inaccuracies or omissions, for example relating to the price or availability of the Product or in the information provided on the Product. Subject to any rights or remedies available to the Client under the Australian Consumer Law, Gucci reserves the right to correct such errors, inaccuracies or omissions, even after an order proposal has been sent, and also reserves the right to change or update information at any time without prior notice.
17. Guarantee of authenticity and intellectual property rights
17.1. Gucci guarantees the authenticity of all Products purchased on the Website. Products bearing the Gucci trademark are produced with the best 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, which are made in France.
17.2. 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, Guccio Gucci S.p.A and Gucci America Inc., companies belonging to the PPR Luxury Group.
18. Applicable law and competent jurisdiction
18.1. This document is governed by and is to be construed in accordance with the laws applicable in New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia) and waives any right to object to any proceedings being brought in those courts
19. Contacts
19.1. For further information and assistance with the Website or on the methods of purchase online, the Client may contact Gucci by email to assistance@au-onlineshopping.gucci.com, by phone 130.044.2878 or by post to the following address:
Gucci Australia Pty Ltd
Level 6, 10-14 Waterloo Street
Surry Hills
NSW 2010, Australia
