Terms and Conditions
GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
GENERAL CONDITIONS OF SALE – GUCCI OSTERIA DA MASSIMO BOTTURA TOKYO
General Terms and Conditions of Use of the Website
Updated to 2022
Welcome to www.gucciosteria.com website (hereinafter the “Website”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE.
The Terms of Use govern the access to, and use of, the Website.
Use of the Website implies the full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Clause 9 (below), and acknowledgement of their relevant mandatory nature. You are only authorized to use the Website if you agree to abide by all applicable laws and the terms of these Terms of Use. If you (“User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you should not proceed with using the Services.
Gucci reserves the right, at its sole discretion, to modify these Terms of Use from time to time. We will post the revised Terms of Use on this Website and update the “Last Updated” date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Website after such modifications constitutes your full acceptance of the revised Terms of Use. If you do not agree with the revised Terms of Use, please stop using the Website.
- Imprint
1.1 The Website and its contents are designed, operated and administered by Guccio Gucci S.p.A, an Italian company with registered office in Via Tornabuoni 73r, 50123 Florence, VAT no. 04294710480, number of register of incorporation and Fiscal Code 03031300159, REA number FI-438090, share capital Euro 50,000,000 fully paid-in, subject to the management and coordination of Kering Holland NV, a Dutch company with registered offices in Amsterdam (hereinafter “Gucci”, ”we”, ”us”, ”our”).
1.2 Purchases made through the Website from the Gucci Osteria da Massimo Bottura Florence are processed by Gucci Garden S.r.l., an Italian company with registered address at via Don Lorenzo Perosi 6, 50018 Scandicci (FI), number of register of incorporation and Fiscal Code 02339430486, telephone number +39 055 7592 7038 and e-mail address gucciosteriafirenze.shop@gucci.com.
1.3 Purchases made through the Website from the Gucci Osteria da Massimo Bottura Beverly Hills are processed by Gucci Osteria USA LLC, a Delaware corporation with registered address at 347 N Rodeo Drive, Beverly Hills, California 90210, United States, telephone number +1.424.600.7490 and e-mail address: gucciosteria.bh@gucci.com.
1.4 Purchases made through the Website from the Gucci Osteria da Massimo Bottura Tokyo are processed by Gucci Osteria Japan G.K., a Japanese corporation with registered address at 3-6-7 Kita Aoyama, Minato-ku, Tokyo, telephone number +81 (0)3 6264 6606 and e-mail address: gucciosteria.tokyo@gucci.com.
- Intellectual property rights
2.1 The terms ”Website” and ”Material” refer, respectively, by way of example, to the software design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any Material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other Material reproduced and / or made available through this Website (”Material”).
2.2 All Materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of Gucci and / or Gucci America Inc. All rights are reserved, worldwide.
2.3 All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of Gucci America Inc. in the United States and of Gucci in all other countries All domain names used on the Website and / or connected to it are owned – or used with permission – by Gucci, which manages them on a worldwide basis.
2.4 This Website is solely for private, personal, and non-commercial use, and the Material on this Website is presented for information and/ or promotional purposes only.
2.5 It is not permitted to reproduce (except where the reproduction is made for personal non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and / or use derivative works from, or on any case works inspired to, sell or participate in any sale of, this Website, any of the Material in this Website or related software , in whole and / or in part, in any form and / or manner, and for any purpose.
If the downloading or the copying should be permitted by Gucci in writing, the user will not obtain any right, title or interest in any Material or software as a result of any such downloading or copying.
2.6 Gucci is fully committed to maintain, enforce, and protect its intellectual property rights throughout the world and to strongly fight against any infringement in order to ensure that its unique heritage be strongly preserved and fully respected. Any use which is not expressly permitted by these Terms of Use is prohibited. The lack of any remedy by Gucci whether in court or out-of-court 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.
- Submitted material
3.1 You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to Gucci through this Website or by other means (“Submitted Material”) is not considered confidential. By submitting the Submitted Material you grant to Gucci a royalty free, 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 product development purposes.
3.2 Gucci is not required or will not be required in the future to:
(i) keep any Submitted Material confidential;
(ii) pay compensation for any use of the Submitted Material or in connection to it;
(iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.
3.3 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.
3.4 By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of Gucci to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, product development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
3.5 Gucci retains the right to reject or delete any Submitted Material for any or no reasons, including Submitted Material that in our judgment violates these Terms of Use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
- Links to other sites
4.1 This Website may contain links to other websites. Gucci has no control over such websites and will not be responsible or liable for any accessibility of third-party websites or for their content.
4.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Gucci of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
4.3 You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of Gucci.
- Exclusion of warranties
5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS CONTENTS AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN” AS IS” AND” AS AVAILABLE” BASIS. GUCCI PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), OR THAT IT IS SUITABILE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.
5.2 GUCCI WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER, GUCCI CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND GUCCI MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. GUCCI RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
- Limitation of liability
6.1 SOME COUNTRIES 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 YOU.
6.2 AS THE SERVICE IS PROVIDED FREE OF CHARGE, YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
6.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT DAMAGES OF ANY KIND, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
6.4 IT IS UNDERSTOOD THAT NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
- Indemnity
7.1 If permitted under applicable law, you agree to indemnify and hold us, and each of our subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein and/or if any Submitted Material that is transmitted through the Services causes our liability to a third party.
- Governing Law
8.1 These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with Italian laws (without regard to its conflict of law provisions), except otherwise provided under mandatory local legislation of your place of residence. All disputes arising out of or relating to these Terms of Use or any non-contractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of Italian courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.
- Privacy
9.1 Before uploading or providing any personal data to this Website please carefully read the Privacy Policy, which is available by clicking here.
General Conditions of Sale – Gucci Osteria da Massimo Bottura Tokyo
Updated to February 2023
- General provisions and identification of the vendor
1.1 These general conditions of sale (“General Conditions”) apply to all distant sales of food products (“Products” or “Product”) made through the https://www.gucciosteria.com/ja/tokyo website (the “Website”) and sold by Gucci Osteria Japan G.K., a Japanese company with registered address at 3-6-7 Kita Aoyama, Minato-ku, Tokyo, telephone number +81 (0)3 6264 6606 and e-mail address gucciosteria.tokyo@gucci.com(“Gucci”).
- Information on Products and their availability
2.1 Information on Products, together with the relevant price, are available on the Website.
2.2 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 on the Website.
- Pricing
3.1 The prices of the Products are indicated on the Website 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 in the order summary sent by email.
3.2 Gucci regularly verifies that prices displayed on the Website are correct; however, Gucci cannot guarantee the absence of errors. If 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.
- Execution of the Contract
4.1 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.
4.2 Before submitting an order through the Website, Client shall carefully read these General Conditions.
4.3 Sending of the order constitutes a proposal to purchase the selected Products regulated under these General Conditions. The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the ordered Products.
4.4 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.
4.5 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.
4.6 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, ithe address to which complaints may be addressed, information on support services.
4.7 Once the Order Confirmation is sent to the Client, the order cannot be cancelled or modified. Delivered Products can however be returned as set out in Article 7 below.
- Method of payment
5.1 Payment of the price of the Products included in the order proposal and the relevant delivery charges, if any, shall be made by the Client by the payment methods indicated on the Website. As the purchaser, the Client represents and warrants to have legally obtained the funds used to pay the price of the Products included in the order proposal (and the relevant delivery charges, if any) and not to be engaged in any transaction designed to conceal the identity, source or destination of the funds with which the Client pays the price of the ordered Products (and the relevant delivery charges, if any).
5.2 The transactions will be debited from the Client’s credit card only after the credit card data have been verified and the authorization to debit the card has been received from the issuer of the card used by the Client.
5.3 For each order, Gucci shall invoice the Products by email or by post to the Client, pursuant to the applicable laws and regulations. No alterations to the invoice are possible after the invoice has been issued.
- Delivery
6.1 The Client may choose from the following delivery methods for purchased Products
(i)The purchased Products shall be delivered to the Client by being picked up by the Client (or a nominated representative), within the delivery period to be designed by GUCCI, at the Gucci Osteria da Massimo Bottura Tokyo at 6-6-12 Ginza, Chuo-ku, Tokyo, telephone number +81 (0)3 6264 6606 (the “Store”).
(ii) Purchased Products shall be delivered to the client via the delivery method specified separately by GUCCI and will be delivered to the client upon receipt. Except in the event of force majeure or unforeseeable events, the purchased Products shall be delivered within thirty (30) days from the date of the Order Confirmation. If the delivery is not made within the aforementioned period, the Client may terminate the contract and GUCCI will, without delay, refund all amounts paid under the contract.
6.2 At the time of delivery of the Products, the Client (or a nominated representative) is required to:
(i) verify that the number of items being delivered corresponds to that indicated on the Order Confirmation;
(ii) verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner; and
(iii) if requested by the staff of the Store, 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 notified by the Client to the staff of the Store at the time of the delivery of the purchased Products at the Store. Except to the extent permitted under applicable laws, if no such 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 Article 8 below.
6.3 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) has acquired the physical possession of the Products at the Store.
- Right of withdrawal
7.1 In relation to Products, 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 Products) obtains the physical possession of the Products and in case of partial deliveries, the last Product.
7.2 To exercise the right of withdrawal, the Client shall, within the term mentioned under Article 7.1, send by e-mail a communication of his/her intention to exercise the right of withdrawal which shall include the following information: (i) indication of the Products for which the Client wishes to exercise the right of withdrawal; (ii) order number; and a copy of the invoice to the following address: gucciosteria.tokyo@gucci.com.
7.3 Within 14 (fourteen) days of the communication of withdrawal (sent pursuant section 7.2), the Client shall return the purchased Products to Gucci either (i) by bringing it back to the Store with the Client or (ii) by sending it back by post to the address indicated on the return label provided by Gucci and using the delivery method indicated by Gucci. Other means of return are excluded. The Products shall be returned in their original condition, unaltered, undamaged and in their original sealed packaging. Gucci will not accept returns of Products which packaging has been opened.
7.4 Gucci shall reimburse all payments received from the Client, including the costs of delivery borne by the Client, if any, within 14 (fourteen) days of the day on which Gucci has received the Products back, or 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.
- Lack of conformity
8.1 If a Product sold by Gucci has manufacturing defects or an alleged lack of conformity, the Client will contact Gucci at the following address: gucciosteria.tokyo@gucci.com.
8.2 The Client has the right to have the Products brought into conformity, free of charge, by replacement. If the replacement is impossible, the Client has the right to obtain the cancellation of the contract. The Client loses these rights if fails to notify Gucci of the lack of conformity within 2 (two) months after the delivery of the Products, unless in case of perishable Products which are subject to a shorter expiration, in which case Gucci shall be notified within the relevant shorter deadline.
8.3 In the event the Client is seeking the Products to be replaced due to lack of conformity pursuant to this Section 8, delivery costs for returning the Products to be replaced shall be borne by Gucci, as well as any costs related to the delivery to the Client of the replacing Products.
- Intellectual property rights
9.1 The “Gucci” trademark, the set of figurative and and/or shape marks present in the Products, the relevant 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 the other countries.
- Applicable law and competent jurisdiction
10.1 These General Conditions and, therefore, the contracts executed with the Clients, shall be governed by and will be interpreted in accordance with Japanese laws.
10.2 The disputes arising out of or relating to these General Conditions shall be submitted to Tokyo District Court in Japan.
- Contacts
11.1 For further information and assistance with distant purchases, the Client may contact Gucci at: gucciosteria.tokyo@gucci.com.
