GENERAL CONDITIONS OF SALE
General Conditions of Sale
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, 201-217 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 and selecting Option 1, or by email at email@example.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 and selecting Option 1, or by email at firstname.lastname@example.org
5.3. Gucci shall only accept order proposals made by residents in New Zealand, whereby the delivery address is within New Zealand.
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”).
5.9. 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:
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.
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 and selecting Option 1, or email@example.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 in the original cellophane wrapping; 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 firstname.lastname@example.org
, or call 0800.008.800;
(III) Client shall fill in the form 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 in 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 at [insert address of the Australian warehouse]. Except where the Client has rights or remedies under New Zealand consumer laws, delivery costs for returning the Product shall be borne by the Client;; or
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. If the price of the replacement item(s) is less than the price paid for the returned Product(s), then the Client will receive a credit note from Gucci for the difference between the two prices. If the price of the replacement item(s) is more than the price paid for the returned Product(s), then the Client will pay Gucci the difference between the two prices.
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.
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;
(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 email@example.com
, by calling 0800.008.800, or by post to the following address:
Level 26/201 Elizabeth Street
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, which are made in France.
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, 201-217 Elizabeth Street
Sydney NSW 2000, AUSTRALIA
Phone no. [0800.008.800]
Fax no. [02 9283 6093]