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Table of Contents

General Conditions of Sale



General Conditions of Sale

Updated to April 2018


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
7. Transport and delivery
8. Dispatching and delivery confirmation
9. Wrapping or packaging
10. Right of withdrawal
11. Personalized Products
12. Replacement of Products
13. Lack of conformity
14. Guarantee of authenticity and intellectual property rights
15. Applicable law and competent jurisdiction
16. Contacts


1. General provisions

1.1 These general conditions of sale (“General Conditions”) apply to all sales of Gucci products (“Products” or “Product”) through the www.gucci.com/uk (”Website”).

1.2 The sale 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 read carefully these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. A copy of the General Conditions will be sent to the Client by Gucci according to Section 5.10 below. Contracts of sale executed with Clients will be archived by Gucci for the retention period required by applicable law.


2. Identification of the vendor

2.1 The vendor is G Commerce Europe S.p.A, a company part of Kering Group, with registered office at Via Don Lorenzo Perosi No. 6, Scandicci, Italy, VAT number 5142860484, Tax number: 00338740343, REA FI-515256, 780,000 Euro of corporate capital, fully paid-in (“Gucci”).


3. Information on Products and their availability

3.1 Information on Products (along with the relevant Product codes) and relevant prices are available on the Website.

3.2 The Products available on the Website are a selection of items normally available in stores; however Gucci does not provide any warranty to the Client relating to the availability in the stores of the Products available in the Website. Pictures of the Products displayed on the Website may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Product and their characteristics as mentioned in the Website.

3.3 Gucci reserves the right at any time to limit quantities and/or type of Products available in the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product; 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 the order proposal is three pieces.

3.5 In no case Gucci shall be liable for errors occurred due to failure of the Client’s connection to the Website.


4. Price

4.1 The prices of the Products are indicated on the Website in GBP and are inclusive of all applicable taxes and charges. Delivery costs, if required, shall be added to the price of the Products and will be indicated separately on the order form.

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 and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Gucci will also offer the Client the opportunity to cancel the order.


5. Execution of the Contract

5.1 The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by Gucci.

5.2 Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the right of withdrawal conditions and the privacy policy statement), along with these General Conditions.

5.3 To purchase a Product Client must (i) include the selected Product in the ”Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Gucci through the Website.

5.4 Sending of the order constitutes a proposal to purchase 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 ordered Product.

5.5 Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their ”Shopping Bag”).

5.6 The order proposal and the Client’s data related to that order proposal will be kept by Gucci for the period required by applicable legislation, as provided under the privacy policy.

5.7 An order proposal may be refused by Gucci within 30 days of receipt of the same. In that case, no consideration shall be due by the Client to Gucci, Gucci may refuse an order proposal in the following events (by way of example but without limitation): (i) the Products are not available (with no prejudice to the provision set out under Section 3.3); or (ii) a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes; or (iii) the Client has not fulfilled his/her obligations deriving from a prior contract executed with Gucci.

5.8 The contract between Gucci and the Client is executed upon receipt by the Client of the acceptance by Gucci of the order proposal ("Order Confirmation"). 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.

5.9 In case of unavailability of one or more of the Products, the Client will receive an email duly informing him about the unavailability of the Products. 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.

5.10 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, if any, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalized Products, the address to which complaints may be addressed, information on support services and on existing commercial terms, if any, and a copy of these General Conditions.

5.11 Once the Order Confirmation is sent to the Client, the order cannot be cancelled or modified. Dispatched Products can however be returned as set out in Section 10 below.

5.12 The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Products.


6. Method of payment

6.1 Payment of the price of the Products included in the order proposal and the relevant delivery charges, if any, shall be paid by the Client by credit card, PayPal or by bank transfer.

6.2 Gucci accepts payments made with the following credit cards: Visa; MasterCard; American Express; Switch; 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.

6.4 In some instances (as, for example, for the purchase of personalized Products) that will be notified to the Client before the latter is able to submit the order proposal, the transaction will be debited from the Client’s credit card only after: (i) the credit card data has been verified; and (ii) the authorization to debit the card has been received from the issuer of the card used by the Client.

6.5 Except as provided for in Section 6.4, no debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card’s validity, if any. 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.

6.6 Gucci also accepts payments made by bank transfer to the following IBAN code: IT53N0305101699000078389018. All costs and expenses (including bank charges) associated with the bank transfer applied, as the case may be, to the Client by the bank, shall be borne by the Client. Payment shall be due within and not later than 7 (seven) working days from the date of the Order Confirmation.

6.7 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) within the due deadline (see Section 6.6 above), the contract will not be executed and the order will be cancelled.

6.8 For each order, Gucci shall invoice the Products by email or by post to the Client, pursuant to the 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.


7. Transport and delivery

7.1 The purchased Products shall be delivered by a courier service selected by Gucci (“Courier”) on working days. Products shall be delivered to the address indicated by the Client in the order proposal. Gucci shall not deliver to PO Boxes.

7.2 Except if a force majeure event or unforeseeable circumstance occur, purchased Products shall be delivered within 30 (thirty) days of the date indicated in the Order Confirmation. In case the delivery has not occurred within the above indicated term, the Client be entitled to repudiate the Contract and Gucci shall, without undue delay, reimburse all sums paid under the Contract.

7.3 At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to: (i) verify that the number of items being delivered corresponds to that indicated on the delivery note; (ii) verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner; (iii) sign the delivery note; and (iv) if requested by the Courier, show his/her ID. Any damages to the packaging and/or the Products, 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 permitted under applicable laws, 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 the any other features related to the Products in accordance with the conditions set forth under Section 13 below.

7.4 Delivery charges, if required, shall be borne by the Client and will be indicated separately on the order form and invoice.


8. Dispatching and delivery confirmation

8.1 Gucci 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.


9. Wrapping or packaging

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


10. Right of withdrawal

10.1 The Client has the right to withdraw from the contract with no reason within 14 (fourteen) days from the date in which the Client (or the representative duly authorized to receive the Product) obtains the physical possession of the Product and, in case of partial deliveries, the last Product.

10.2 To exercise the right of withdrawal, the Client shall, within the term mentioned under previous Section 10.1, send by email, or by ordinary mail

• the withdrawal form attached herewith, duly filled in and undersigned; or

• a communication of his/her intention to exercise the right of withdrawal; such communication shall include the following information: (i) indication of the Product for which the Client wishes to exercise the right of withdrawal; (ii) order number; and (iii) in the event that the Client purchased the Products by bank transfer, the Client’s IBAN code to which the reimbursement is to be made;

to the following address:

G Commerce Europe SpA
Via Don Lorenzo Perosi, 6
50018 Scandicci FI - Italy
Attn.Online Sales Assistant
assistance@uk-onlineshopping.gucci.com

10.3 Within 14 (fourteen) days of the communication of withdrawal, the Client shall return the purchased Products to Gucci at G Commerce Europe S.p.A., c/o XPO Logistics, Via dell’ Industria 5, 50056 - Montelupo Fiorentino, Italy. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the event of any diminished value of the Products resulting from the handling of the goods by the Client other than what is necessary to establish the nature, characteristics and functioning of the goods, Gucci reserves the right to refuse the return of the Products.

10.4 Gucci shall reimburse all payments received from the Client, including the costs of delivery, if any, within14 (fourteen) days of the day on which Gucci has received the Products back, or until the Client has supplied evidence of having sent back the Products, whichever is the earliest. Reimbursement shall be executed by Gucci using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise and provided that the Client does not incur any fees as a result of such reimbursement.

10.5 Products purchased through the Website can be returned also in any of our Gucci boutiques listed here, within the term indicated under Section 10.1. No cash reimbursement will be made at Gucci stores, but only gift cards or store credits can be provided to the Client. The reimbursement will follow the procedure under Section 10.3 and 10.4.

10.6 Once the Products have been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in this Section 10.


11. Personalized Products

11.1 The right of withdrawal does not apply to orders for personalised Products, such as, for example, those with the Client’s initials engraved on the Product.


12. Replacement of Products

12.1 Without prejudice to the Client’s rights according to Sections 10 and 13, and with the exception of personalized Products, Gucci allows in any case the Client to replace Products purchased on the Website, pursuant to the following procedure:

(I) once the Products are received, the Client shall promptly contact Gucci by email at assistance@uk-onlineshopping.gucci.com;

(II) after that, the Client shall fill in the form provided with the delivered Products which the Client wishes to replace, clearly indicating the code and the size of the new Products that the Client wishes to receive (such codes and sizes being indicated on the Website);

(III) no later than 14 (fourteen) days from the date of delivery of the Products, the Products to be replaced must be returned by the Client to Gucci in their original conditions as when delivered, along with the labels attached to the Products and the form indicated under point 12.1 (II) above. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client.

12.2 The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. In the event of any diminished value of the Products resulting from the handling of the goods by the Client other than what is necessary to establish the nature, characteristics and functioning of the goods, Gucci reserves the right to refuse the exchange of the Products.

12.3 The amount paid by the Client shall be reimbursed by Gucci, through the same payment method used by the Client for the initial purchase, within 14 (fourteen) days after the returned Products have been delivered to Gucci.

12.4 The exchange will be accepted by Gucci subject to the availability of the new Products requested.

12.5 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. In particular, if the Products that the Client wishes to exchange have been initially paid by credit card, Gucci will first refund the price initially paid by the Client and then will charge the price of the new requested Products pursuant to Section 6.3 above. If the initial payment was made by bank transfer and the price of the new requested Products is the same as the price paid by the Client for the Products he/she wishes to exchange, Gucci will withhold the initial sum paid by the Client; if the price is different, Gucci will refund - or request the Client to pay - the difference, as the case may be.


13. Lack of conformity

13.1 If a Product sold by Gucci has manufacturing defects or an alleged lack of conformity, the Client will contact the online support by email or by ordinary mail to the following addresses:

G Commerce Europe SpA
Via Don Lorenzo Perosi, 6
50018 Scandicci FI - Italy
Attn.Online Sales Assistant
assistance@uk-onlineshopping.gucci.com

13.2 The Client has the right to have the Products brought into conformity, free of charge, by repair or replacement (provided that the Client is entitled to select whether having the Product repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above, to have an appropriate reduction in the price of the Products, or the contract cancelled. In any event, actions intended to assert a lack of conformity not maliciously concealed by Gucci shall automatically lapse 6 (six) years after the delivery of the Products.

13.3 In the event 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 replacing Product.


14. Guarantee of authenticity and intellectual property rights

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 watches, which are made in Switzerland and perfumes and cosmetics, which are made in the European Union (mainly in France and United Kingdom) and Japan.

14.2 The “Gucci” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the companies of Gucci America Inc. for the United States and Guccio Gucci S.p.A for other countries, companies belonging to the Kering Group.


15. Applicable law and competent jurisdiction

15.1 These General Conditions and, therefore, the Contracts executed with the Clients, shall be governed by, and will be interpreted in accordance with English laws.

15.2. The disputes arising out of, or relating to these General Conditions shall be submitted to the territorial jurisdiction of the competent courts of the place of residence or domicile of the Client.

Alternatively, the Client can decide to access to the platform for alternative extra-judicial resolution of disputes provided by the European Commission, available on the website http://ec.europa.eu/odr


Online Dispute Resolution


16. Contacts

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:

G Commerce Europe S.p.A.
Via Don Lorenzo Perosi, 6
50018 Scandicci - Florence – ITALY
Phone no. 0207 495 1445
Fax no. 0039- 055-75922424
assistance@uk-onlineshopping.gucci.com

 

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