General Terms and Conditions of Use of the Website
General Conditions of Sale
Updated to April 2018
1. General provisions
2. Identification of the vendor
3. Information on Products and their availability
5. Execution of the contract
6. Method of payment
7. Transport and delivery
8. Shipping and delivery confirmation
9. Wrapping or packaging
11. Personalized Products
13. Lack of conformity
14. Guarantee of authenticity and intellectual property rights
15. Applicable law and construction; Jurisdiction; Arbitration
17. Limitation of liability
IMPORTANT NOTICE PLEASE READ THE GENERAL CONDITIONS OF SALE SET FORTH BELOW VERY CAREFULLY. THE GENERAL CONDITIONS OF SALE FOR GUCCI PRODUCTS PURCHASED THROUGH THE WEBSITE (DEFINED BELOW) ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CLIENT (DEFINED BELOW) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND GUCCI HEREBY GIVES EXPLICIT NOTICE OF OBJECTION TO THEM AND REJECTION OF SUCH TERMS. BY SUBMITTING ANY ORDER THROUGH THE WEBSITE, CLIENT AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.
1. General provisions
1.1. These general conditions of sale (hereinafter, “General Conditions”) apply to all sales of Gucci products (hereinafter, “Products” or “Product”) carried out through the www.usshadley.com/us/home website (hereinafter, “Website”).
1.2. Selling of Products -regulated under these General Conditions- is only available to consumers over the age of eighteen (18) years (or the age of majority of the individual's relevant country) (hereinafter, “Clients” or “Client”) being natural persons that obtain Products for personal, family, or household purposes. Client is prohibited from purchasing any Product from the Website for purposes of resale by you or any other person, and Gucci expressly disclaims any warranty or claim for damages, consequential or otherwise, resulting from Client's intent or attempt to resell any Product purchased from the Website.
1.3. The language of any contract of sale through this Website shall be English.
1.4. Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts of sale executed with the Clients will be archived by Gucci for the retention period required by applicable law.
Gucci America, Inc.
195 Broadway, New York,
New York 10007 - USA
Attn: Intellectual Property Dept.
16.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS SOLD THROUGH THE WEBSITE ARE SOLD "AS IS" WITH NO WARRANTIES EXCEPT AS STATED IN LIMITED WARRANTY CARDS AND BOOKLETS ACCOMPANYING SPECIFIC PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUCCI AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. Client acknowledges that no employee of Gucci or its affiliates is authorized to make any representation or warranty on behalf of Gucci or any of its affiliates that is not in these General Conditions. Gucci also makes no warranties to the Client with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within the Client’s territory.
17.1. THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE VALID AND ENFORCEABLE IN THE STATE OF NEW JERSEY, USA, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW; HOWEVER SOME OTHER JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CLIENT.
17.2. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, GUCCI AND ITS AFFILIATES OR AGENTS WILL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT GUCCI HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY.
17.3. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTHING IN THESE GENERAL CONDITIONS SHALL EXCLUDE OR LIMIT (I) GUCCI’S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM GUCCI’S NEGLIGENCE; (II) GUCCI’S LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
17.4. Gucci will not be responsible for and no liability shall result to Gucci or any of its affiliates for any delays in delivery or in performance which result from any circumstances beyond Gucci’s reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or delivery dates represented by Gucci are estimates only.
18.1. For further information and assistance with the Website or on the methods of purchase online, the Client may contact Gucci by mail, telephone or email, as set forth below:
Gucci America, Inc.
195 Broadway, New York,
New York 10007 - USA
Attn: Intellectual Property Dept.
Attn. Online Sales Assistant
Phone no. 877.482.2430
Gucci America, Inc. (“Gucci”) is committed to transparency and honesty in all of its advertising messages and promotional communications with consumers. Therefore, Gucci hereby adopts this Social Media and Endorsement Policy (this “Policy”).
This Policy applies to all Gucci independent contractors, employees, agents, speakers, writers, bloggers, talent, endorsers and any other individual or entity engaged in promotional activities on behalf of Gucci, whether they are engaged by Gucci directly, or through an agency, representative of an agency, subsidiary, or franchise (collectively referred to herein as “Endorsers”).
This Policy is intended to outline the policies and procedures of Gucci with respect to any and all advertising messages or promotional communications made by Endorsers. It is also intended to address endorsements and testimonials made by Endorsers about Gucci, and/or its products and services, whether those endorsements and testimonials are made through “traditional media,” such as television commercials or print ads, or “new media,” or “social media,” such as websites, blogs, mobile applications or any other form of media that may be used by advertisers.
Endorsers are legally responsible for their opinions, comments and content. Individual Endorsers can be held personally liable by third parties for any commentary deemed to be defamatory; obscene; proprietary to, or owned by, others; or libelous to Gucci, its suppliers/partners or any other person or entity. For these reasons, Endorsers should exercise caution with regard to exaggeration, colorful language, guesswork, obscenity, materials used in content, conclusions, images and/or video, and derogatory remarks or characterizations.
In addition, Endorsers should at all times be mindful that, given advances in technology, opinions, comments or content may remain public, and may be archived, stored and retrievable, indefinitely.
2. Standards of Conduct
With respect to statements or other claims made in advertising messages or promotional communications about Gucci and/or its products or services, Endorsers must adhere to the following principles:
a. Endorsers may only make statements that reflect their honest beliefs, opinions, experiences or recommendations. Gucci encourages these statements to be in the first person. Endorsers may not make statements about experiences with a product that they have not personally tried, examined or evaluated.
b. Endorsements by organizations must reflect the collective judgment of the organization, as approved by senior management.
c. Endorsers may not make deceptive or misleading claims about Gucci’s products or services, or Gucci’s competitors’ products or services, to consumers.
d. Endorsers may not make any claims about Gucci’s products or services, or Gucci’s competitors’ products or services, that are not substantiated (i.e., claims may not be made about a product that would require proof that the Endorser does not have).
e. Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property, or privacy and publicity rights of others, including competitors.
f. Endorsers may not offer for sale, or solicit, products or services on behalf of Gucci.
g. Endorsers may not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including telling lies or spreading rumors about Gucci or its affiliates and their respective Endorsers, officers, directors, shareholders, agents, representatives, licensees or competitors.
h. Endorsers may not use ethnic slurs, personal insults, obscenity, or other offensive language.
i. Endorsers may not make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving Gucci’s customers or other individuals.
j. Endorsers may not make any comments or post any content that may violate applicable local, state or federal laws or regulations.
l. Endorsers must strive for high quality with every comment or post, including adherence to basic spellchecking and rules of grammar.
m. Endorsers that are also employees of Gucci must also adhere to any and all guidelines provided by Gucci to its employees with respect to social media and related matters.
n. Endorsers must adhere to any specific additional guidelines provided by Gucci.
o. Endorsers must always use sound judgment and common sense.
3. Disclosure Requirements
a. Endorsers must clearly and conspicuously disclose and make readily apparent all “material connections” to Gucci in all advertising messages and promotional communications concerning Gucci and/or its products or services.
i. A “material connection” is one that could influence the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser. Such connections may be in the form of (a) consideration (such as monetary compensation, including fees or commissions; gift cards; event access; prizes; or free or discounted products or services) provided by Gucci (or any of its agents acting on its behalf) to the Endorser, or (b) a relationship between Gucci and the Endorser (such as employment or contractual relationships).
ii. Some examples of appropriate material connection disclosures are:
- I received [product] from Gucci as a gift;
- [Thanks to][Courtesy of] Gucci, I was given this [product]
- Gucci sent me [product] to try;
- Some of the products reviewed in this blog post were sent to me by Gucci;
- This post is a paid advertisement for Gucci;
- I am an employee of Gucci.
These are simply examples of appropriate disclosures and variations on these examples may be appropriate based on the context. The key is to make it apparent to the reasonable consumer that Gucci provided the subject product or service, as opposed to the Endorser independently purchasing or obtaining the subject product or service.
iii. It is not sufficient to make a single disclosure on a home page or legal terms/disclaimer page that, for example, “many of the products I discuss on this site are provided to me free of charge by their manufacturers.” Disclosures should be tied to the specific products at issue and readily apparent to readers of the particular blog post.
iv. When using a Twitter, Facebook, Instagram or similar platform, Endorsers should endeavor to include a link on their main profile page directing followers to a comprehensive disclosure statement.
b. Endorsers who post their own opinions, comments, content or recommendations about Gucci, and/or its products or services, must disclose that their views do not necessarily represent those of Gucci.
4. Third Party Endorsers
Endorsers that employ or contract with third parties to have such third parties deliver advertising messages or other promotional communications to consumers (e.g., advertising agencies, network marketing agencies and blogger networks) are also required to cause those third parties to agree to this Policy before engaging them to communicate to consumers about Gucci and/or its products or services.
5. Trademarks and Intellectual Property
All emblems, logotypes, insignia, designs, devices, colors, artwork, trademarks, trade names, service marks, trade dress and copyrights, and the commercial goodwill associated therewith, that at any time were or are owned, applied to be registered or registered (irrespective of class of goods/services), controlled, cleared for use by, or on behalf of, or licensed by Gucci or any of its affiliates may only be used or posted by Endorsers with the prior written consent of Gucci in each instance, strictly in accordance with the specific guidelines provided by Gucci.
Endorsers may develop, have access to, or directly or indirectly be exposed to, information of a proprietary and confidential nature about Gucci (including without limitation its business operations and activities, strategic plans and financial information) which, if disclosed, could have a negative effect on Gucci. Endorsers shall keep confidential and not disclose any such information and, upon termination of an Endorser’s relationship with Gucci, the Endorser shall promptly return to Gucci any confidential information in the Endorser’s possession. In the event that there is any question as to whether particular information is confidential in nature, Endorsers must promptly contact Gucci for clarification and approval before posting, commenting, blogging or uploading content.
7. Press Inquiries
Endorsers’ endorsements and testimonials may generate media coverage. Media inquiries of any kind regarding endorsements or testimonials relating to Gucci, whether from online (news engines, bloggers) or mainstream (newspapers, magazines) media outlets, must be referred to Gucci using the Notice information below. Endorsers may not engage in any discussions or correspondence with any members of the media, or make any public oral or written statement, in each case regarding endorsements or testimonials relating to Gucci, without first consulting with, and receiving permission from, the appropriate authorized Gucci representative in each instance.
Any questions concerning the contents of this Policy should be referred to email@example.com.
9. Right to Modify Policy
Gucci reserves the right to amend, restate, supplement or otherwise modify this Policy at any time. In the event of a dispute as to the interpretation of this Policy, Gucci’s interpretation shall be final.
10. Effective Date
This Policy is effective immediately and was last updated October 15, 2013.
California Transparency in Supply Chains Act of 2010
Last Updated October 2015
The California Transparency in Supply Chains Act of 2010 (SB 657) requires California businesses to disclose their efforts to address the issues of slavery and human trafficking, thereby allowing consumers to make better, more-informed choices regarding the products they buy and the companies they choose to support.
Gucci has taken steps to evaluate the risks of forced labor in our supply chain. Within Gucci, procurement falls into two broad categories: (1) sourcing of raw materials such as gold, diamonds, precious stones, textiles, and leather; and (2) procurement of other types of goods and services to support the day-to-day running of our operations, such as energy, manufacturing, and office equipment. Although the social impact of the goods and services that Gucci purchases often lies outside our direct control, where possible, we have taken proactive steps to ensure the absence of slavery and human trafficking in our supply chain.
Gucci is part of the Kering Luxury Division (formerly known as “PPR Luxury Group” and “Gucci Group”), which has certified several of its businesses under Social Accountability International’s (SAI) SA8000 standard [http://www.sa-intl.org/]. SA8000 sets out a strong approach concerning forced labor and provides guidance to our suppliers and business partners regarding responsible sourcing. SA8000 includes an endorsement by the International Labour Organisation (ILO) Conventions and the Universal Declaration of Human Rights. Among other issues, SA8000 specifically forbids the use of forced or involuntary labor as defined in ILO Convention 29, including employment of people under the age of 15, unless a higher age is required by law, in which case the higher age applies. While several of Kering Luxury Division’s businesses have certification under SA8000, the Kering Group continues its commitment to bring all of its businesses into compliance with SA8000 and obtain certification.
As part of SA8000, Gucci’s suppliers, subcontractors and subsuppliers are required to make a written commitment to all SA8000 requirements, participate in monitoring activities as requested by Gucci, promptly resolve any nonconformance with SA8000, and notify Gucci concerning any relevant business relationships. Moreover, by virtue of our adherence to SA8000, Gucci will be subject to announced and unannounced audits to determine compliance with the SA8000 standard, and Gucci’s suppliers are subject to the same. Kering Luxury Division’s standard supply agreements already refer to and adopt the SA8000 requirements, obligating its suppliers to confirm compliance with the standard. The brands of Kering Luxury Division also often use several of the same suppliers, subcontractors and subsuppliers, so to the extent that businesses of the Kering Group are already certified, other businesses of the Kering Group that are not yet certified have been well positioned to be in compliance with SA8000 and obtain certification.
Gucci also addresses slavery and human trafficking through our involvement in the Responsible Jewelry Council (RJC). The RJC was established in 2005 to promote responsible ethical, human rights, social, and environmental practices in the diamond and gold supply chains. Gucci became a member in November 2009. As a member, Gucci has committed to efforts to address slavery and human trafficking and is subject to RJC audits concerning our own compliance. RJC Code of Practices certification, began in January 2012 and renewed in 2015, integrates the Gucci commitment for a Responsible Jewellery. The certification process is rigorous, including independent audits regarding the member’s compliance with human rights standards. Many of Gucci’s suppliers are also members of the RJC and complete their own RJC certification. RJC has grown to include some 300 members since its founding, from miners to retailers. Additional information on RJC can be obtained here: [http://www.responsiblejewellery.com/]
Kering Luxury Division’s internal policies also articulate the Kering Group’s determination to rid its supply chain of human trafficking and forced labor. For example, Kering Code of Ethics states that its businesses will not tolerate child or forced labor in the production of their products.
Gucci shares this determination to pursue full compliance with all applicable Laws, Regulations and Directives, such as the United Nation’s Universal Declaration of Human Rights and relevant ILO Conventions. It specifically addresses Gucci’s dedication to eradicating child labor and forced labor from the company’s supply chain.
Gucci expects and depends on our managers and employees to uphold a zero-tolerance policy regarding forced labor. As such, Gucci has taken steps to increase employee awareness and compliance regarding slavery and human trafficking issues. Kering Code of Ethics is provided to all employees and suppliers. Employees are encouraged to report violations of the Kering Code of Ethics. Moreover, as part of SA8000 certification, the standard will be displayed at business locations to inform personnel about Kering Luxury Division’s voluntary commitment to this standard and its requirements.
California Do-Not-Track Disclosures
Last Updated October 2015
Third-Party Collection Disclosure