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GENERAL TERMS AND CONDITIONS OF SALE
1. Introduction
1.1. The sale of “Prada” branded products executed remotely through this website accessed at URL address https://www.prada.com/eu/en.html (hereinafter referred to as the “Website") is governed by the following General Terms and Conditions of Sale.
The products offered on the Website are sold directly by Prada S.p.A. (hereinafter referred to as “PRADA”). PRADA is a company incorporated under Italian law, with registered office at Antonio Fogazzaro no. 28, 20135 Milan (MI), Italy, tax code, VAT and filing with the Companies' Register of Milan, Monza, Lodi, Brianza number 10115350158, REA no. 1343952 MI. Contact details for PRADA are provided at Section 13.1 of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale Terms contain important information about consumers’ rights and obligations as well as limitations and exclusions that apply to the consumers, and govern any purchase contract between PRADA and consumer. When the consumer accepts these General Terms and Conditions of Sale, they become part of the purchase contract entered into between the consumer and PRADA.
These General Terms and Conditions of Sale are to be carefully read before submitting an order to PRADA. These General Terms and Conditions of Sale will tell the consumers who PRADA is, how PRADA will deliver products to the consumers, how PRADA may change or end the contract, what consumer should do if he/she has a problem and other important information. If the consumer thinks there is a mistake in these General Terms and Conditions of Sale, he/she is invited to contact PRADA to discuss.
The consumer agrees that these General Terms and Conditions of Sale apply to his/her purchase of the Products. When the consumer makes an order for Products, he/she will be required to accept these General Terms and Conditions of Sale by selecting the relevant clearly marked accepting box before confirming the order. If the consumer refuses to accept these General Terms and Conditions of Sale, he/she will not be able to order any products from this Website.
1.2. The use of the remote sale service governed by the General Terms and Conditions of Sale hereof is exclusively reserved to consumers (hereinafter referred to individually as "Customer" or, collectively, "Customers") meaning a natural person (or group of natural persons) i.e. an individual, acting for purposes not related to, or predominantly not related to the business, industrial, entrepreneurial, production, liberal, entrepreneurial, artisanal or professional activities, over the age of 18 (or, if younger, have reached the age of legal capacity in accordance with the laws of his/her country, and/or he/she is acting with the consent of or acting through his/her legal guardian).
The resale or transfer of the products purchased on the Website for any commercial, business or resale or professional purpose whatsoever is expressly prohibited.
The Customers agree not to use the Products for any commercial, business or re-sale purposes, and PRADA has no liability to the Customers for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.3. The products offered for sale on the Website may only be delivered to an address within EU (with the following restriction: Finland (excluding Åland Islands), France (mainland France), Germany (excluding Heligoland and Büsingen), Greece (excluding Mount Athos), Italy (excluding Livigno and Campione d’Italia) and Spain (excluding Canary Islands, Ceuta and Melilla), in Monaco, Norway, Switzerland and United Kingdom (excluding Channel Islands) . Unfortunately, PRADA does not deliver to addresses outside of these countries and territories.
1.4. The language used to execute the sale contract through the Website hereof is: Italian, English French, German, Spanish, Portuguese, Dutch, Greek, Norwegian, Bulgarian, Estonian, Lithuanian, Polish, Romanian, and Slovak.
1.5. The General Terms and Conditions of Sale hereof are published on the Website for Customers’ information, storage and reproduction purposes, in compliance with the applicable laws currently into force.
1.6. The purchase of the products is exclusively governed by the General Terms and Conditions of Sale published on the Website at the time, and into force at the time of the relevant purchase.
PRADA reserves the right to amend the General Terms and Conditions of Sale hereof at any time without notifying the Customer. Any amendment shall become effective on the date of the publication of the new General Terms and Conditions of Sale on this Website and, therefore, it shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale is published online.
The replacement of the General Terms and Conditions of Sale hereof with a new version automatically implies the non-applicability, ineffectiveness and non-enforceability of the former version with respect to purchases made after such previous version is removed from the Website, also in the event such General Terms and Conditions of Sale are in any way accessible and/or available to the general public through other internet websites other than the one indicated above.
1.7 If the Customer is domiciled in Hungary, the contract including the Terms between PRADA and the Customer shall not be deemed as a written contract. This shall not affect the validity, applicability or enforceability of or any rights or obligations under these Terms.
2. Product availability
2.1. The Customer acknowledges that the products offered by PRADA on the Website (hereinafter referred to as the "Products") are limited in number and he/she is therefore aware that PRADA shall need to check their availability at the time of the purchase. After placing his/her order, the Customer will receive an e-mail from PRADA acknowledging that PRADA has received Customer’s order. At this point, PRADA shall use reasonable endeavours to ensure Product availability is as up to date as possible.
2.2. Occasionally the availability of certain Products may incur inconveniences and, in particular, they may be unavailable or partially available (this might be because the Product is out of stock, because of unexpected limits on PRADA’s resources which PRADA could not reasonably plan for, because PRADA has identified an error in price or description of the Product or because PRADA is unable to meet a delivery deadline specified) even though displayed on the Website. In such circumstances, PRADA shall inform the Customer promptly (and in any case within the deadlines specified below) by email that the order placed has not been accepted and the reasons for non-acceptance.
In the event the order is only partially available, the Customer will be informed about that. However, the Customer agrees and accepts to receive only the Products available.
2.3. PRADA reserves the right to vary the Products offered for sale on the Website at any time, without any notice. Such variations will not affect orders which have already been confirmed by PRADA.
3. Purchasing process
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the article's photographic images, unit price, colours and sizes (if applicable). For those Products expressly marked on the Website as “Pre Order” or as “Pre Ordered Product” or as “Personalized Products” being not yet ready to be shipped, the relevant dedicated link will also show the relevant estimated delivery date.
3.2. The Customer may purchase one or more Products, for a maximum of 4 units per Product, except as provided for certain types of Products. PRADA reserves the right to vary at any time the limitations to the number of Products that can be purchased through the Website.
3.3. The Website shall indicate clearly, during the ordering process, the accepted means of payment for the Products.
3.4. The Products selected by the Customer shall be placed into a special section (hereinafter referred to as the "Shopping Bag").
A description of the Products, including measures or sizes (if applicable), together with one or more photographic images in digital format clearly showing the Products, shall be included in the Customer's Shopping Bag.
3.5. The digital photographic images of the Products provided on the Website are for illustrative purposes only. Although PRADA constantly takes steps to ensure that the photographs displayed on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the Customer. As a result, PRADA shall not be responsible for any possible inadequacy of the graphic representations of the Products displayed on the Website if due to the above technical reasons.
3.6. To view the Products selected and the total price of the purchase order, please visit the Shopping Bag page. The purchasing process allows the Customer to check and amend any errors before submitting his/her order to PRADA. Before confirming the relevant order (hereafter referred to as the "Order"), the Customer is required to check the accuracy of the contents of the Shopping Bag and fill in the Order form in accordance with the instructions provided on the Website.
3.7. The purchasing process is completed as soon as the Customer presses the relevant final Order confirmation button which shall be clearly labelled "Buy Now" (hereinafter referred to as the "Buy Button"), thereby validating his/her Order, which will be directly submitted to PRADA. By pressing the Buy Button the Customer explicitly acknowledges that in the event PRADA accepts his/her Order, the Customer will be obliged to pay the relevant purchase price of the Order.
After pressing the Buy Button, the contents of the Order may no longer be modified by the Customer.
3.8. Before confirming the Order, the Customer is required to confirm that he/she has read and accepted the General Terms and Conditions of Sale hereof. At the end of the purchasing process, it is advisable that the Customer save or print off the General Terms and Conditions of Sale. Please note that PRADA does not keep a copy of the specific contract relating to the Order.
3.9. The purchasing process must be fully completed; failure to do so entails that the Order cannot be submitted to PRADA.
3.10. Each Order and the Customer’s data required for the purchase shall be stored by PRADA for the time period provided for and in compliance with the applicable laws currently in force.
3.11. Customers who have registered to log in the reserved area of the Website may check their Order status by logging in such area and accessing the ‘My Orders’ page.
3.12. The Customer is aware that he/she is responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase, and undertakes to read the privacy policy published on the Website expressing, when requested, his/her consent to the personal data processing.
3.13. The Customer is aware that on the Website he/she may have also the opportunity:
- to pre-order a selection of Products before their commercial launch or distribution and placement in the market, and
- to order Products which he/she wishes to permanently personalize by adding non-removable customizations according to the modalities indicated on the Website (by way of example through hot stamping).
The Customer acknowledges that such Products are not yet available for the delivery at the time of the submitting of the relevant Order. The Products which may be pre- ordered by the Customers are clearly identified and marked on the Website through the wording “Pre Order” or “Pre Ordered Product”, and the Products which may be personalized by the Customers are clearly identified and marked on the Website through the wording “Personalized Products”.
3.14. The Customer acknowledges and agrees that if he/she pre orders a Product and/or orders a Personalized Product, the relevant price shown on the Website and displayed in the Shopping Bag section shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email, as defined in the below Section 4.2, although the Pre Ordered Product and the Personalized Product are not ready to be shipped at that moment.
The Pre Ordered Product and the Personalized Product will be delivered to the Customer within the relevant estimated date specified in the Product page description.
In case the Order sent by the Customer contains also one or more Pre Ordered Products and/or Personalized Products in addition to the Products already available, all the relevant prices related to such Order shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email, even if such Pre Ordered and Personalized Products will be delivered at the relevant estimated delivery dates specified in the Product pages description.
3.15. Any further specification related to the payment, delivery and confirmation of the Pre Ordered Products and of the Personalized Products are referred below in the respective Sections.
3.16. The Customer acknowledges and agrees that, except for what is specifically provided herein for the Pre Ordered Products and for the Personalized Products, the other clauses of these General Terms and Conditions of Sale hereof will apply also to the Pre Ordered Products and to the Personalized Products.
4. Execution of contract
4.1. Upon confirmation of the Order, the Order is submitted to PRADA for processing and cannot be further modified.
The Order placed by the Customer shall be processed by PRADA only if the entire purchasing process has been duly completed, without any error being reported by the Website.
After placing the Order, and in any case no later than 48 hours after placing his/her Order and without undue delay, the Customer will receive an e-mail acknowledging that PRADA has received the Order. However, this does not mean that the Order has been accepted. PRADA's acceptance of the Order and the conclusion of the contract will take place as described below in Section 4.2. The Customer may cancel his/her Order before receiving the Confirmation Email as set forth in the Section 4.2 below, by notifying PRADA of his/her cancellation on the following e-mail address: client.service.eu@prada.com.
4.2. The contract by and between PRADA and the Customer shall be deemed to have been executed as soon as the Customer receives one or more confirmation email from PRADA (hereinafter referred to as the "Confirmation Email").
The Confirmation Email shall be sent to the address indicated by the Customer in the order form and shall set forth the relevant confirmation and a summary of the terms and conditions of the sale, such as: the Product's description and main features, the total order price, including any shipping costs, the address for complaints, information on after-sale services, on the Customer’s right of withdrawal and its exercise.
4.3. PRADA reserves the right to not accept the Order placed by a Customer in the following events:
a) the Products included in the Order are unavailable notwithstanding what is applicable to Pre-ordered Products;
b) there is a dispute between PRADA and the Customer relating to a previous Order;
c) the Customer breached the General Terms and Conditions of Sale on previous occasions or has not fulfilled his/her obligations arising therefrom;
d) it emerged that the Customer is purchasing the Products in order to resell them or sell them for commercial or professional purposes;
e) the Customer has been involved in, or is suspected of, illegal or fraudulent activities.
In such events, PRADA shall inform the Customer by email, within 30 (thirty) days from the date of receipt of the Order, of the cancellation of the Order received. In such case, no Order shall be deemed to have been accepted by PRADA.
With the specific reference to Monaco only, in the event of total unavailability of the Products, the Customer will be asked if he/she either wishes to receive an available Products of same price or fully cancel the order and be reimbursed of the price paid in case a payment has already been occurred (said reimbursement to take place within thirty days following cancellation).
4.4. In the event of partial availability of the Products, the Customer agrees and accepts to receive only the Products available and shall only be charged for the price of the Products actually purchased.
5. Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website are inclusive of VAT.
5.2. The relevant prices shall be shown in Euro (EUR).
5.3. The total price displayed in the Shopping Bag includes shipping costs possibly applicable, which shall be indicated separately.
In any event, PRADA shall seek the Customer’s express consent to charge any additional cost.
5.4. The prices shown on the Website and displayed in the Shopping Bag section, upon confirmation by the Customer of the Order by pressing the Buy Button, shall be charged to the Customer, provided that the Products ordered are available in that moment, except for the Order containing Pre Ordered Products and/or the Personalized Products for which the relevant amount shall be charged in advance according to the following clause 5.6, even if they are not yet ready to be shipped at that moment.
PRADA reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice. Such modifications shall only apply to future orders and shall not affect orders which have already been placed by Customer.
5.5. PRADA only accepts credit cards and the other payment methods expressly indicated on the Website.
5.6. For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to the Customer only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by the Customer of the debit authorisation, and (iii) PRADA's confirmation that the product is available and, in any event, after the Order is ready to be processed.
Both for the Orders containing only Pre Ordered Products or Personalized Products and for the Orders containing also Pre Ordered Products and/or Personalized Products the total transaction amount will be charged for all Products at the time of the Confirmation Email, namely all those Products already available at the time the Customer places his/her Order, and any Pre Ordered Products and/or any Personalized Products not ready to be shipped at the time the Customer places his/her Order.
No amount will be charged at the time of submission of the Order.
5.7. For the purposes of payment through other payment service providers, the Customer confirms and warrants that he/she is the owner of the account used for the purchase.
Customers shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from PRADA.
5.8. The purchased Products shall only be shipped after due payment of the amount owed by the Customer.
In the event the Customer cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and the Customer shall be subsequently notified accordingly.
5.9. In the event one or more Products are unavailable, the Customer shall only be charged the price of the available Products and the possible related shipping costs.
5.10. The data provided for credit card payment shall be treated as confidential and/or personal and shall be dealt with in accordance with the applicable European Union and applicable member state legislation.
6. Delivery
6.1. The Customers will receive the Products separately as soon as they are ready for shipping. The Products shall be delivered to the address indicated by the Customer in the Order. The Customer's signature may be requested upon delivery of the Products.
If PRADA cannot deliver the Order for reasons that are not attributable to PRADA, PRADA’s Client Service will contact the Customer in order to arrange a new delivery. If, for these very reasons, the Order could not be delivered within eight (8) days following the date the Customer’s Order was available for the delivery, PRADA will assume that the Customer wants to withdraw from the contract. As a result of the withdrawal from the Contract, all payments that were received from the Customer, including shipping costs (except for any additional costs arising from the choice of the Customer of delivery in reference to Section 8.8) shall be refunded and the contract has to be deemed as definitely terminated.
6.2. For security reasons, PRADA shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
6.3. The Products offered for sale on the Website may only be delivered to addresses in the countries and territories indicated above (Section 1.3). In light of the foregoing, any Order entailing delivery outside of these countries and territories shall be automatically rejected upon processing of the Order.
6.4. In the event the Customer is subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense before completion of the filling in of the Order and prior to pressing the Buy Button.
6.5. In compliance with the applicable laws currently into force, the term within which PRADA is required to deliver the Products purchased is within a maximum of 30 (thirty) days of the date of execution of the contract (without prejudice to any different term if provided for by any local mandatory law), except where an event occurs which is beyond the reasonable control of the affected party and which are not attributable to any wilful act, neglect or failure to take reasonable preventative action by the affected party and includes (without limitation) a strike or any other industrial or labour dispute, fire, flood, storm, epidemics, pandemics, earthquake or other adverse weather conditions ("Force Majeure Event").
In every case in which the relevant Order refers to the Pre Ordered Products and/or the Personalized Products, the delivery date shall be longer than 30 (thirty) days and PRADA shall deliver these Products at the estimated delivery dates or during the estimated delivery period agreed upon with the Customer, as shown to the Customer in the Product page description.
6.6. In the event PRADA does not deliver the Products ordered within the above term, the Customer may request that PRADA deliver such Products within an additional term adequate to the circumstances in accordance with the applicable laws currently into force. However, the Customer has legal rights if PRADA refuse to perform the Order or deliver any Products late, including if PRADA fails to deliver Products within such additional term.
The Customer shall in any event have the right to immediately terminate the contract if the Product ordered is not delivered within the agreed delivery deadline.
6.7. The Customer may cancel any Order by sending an e-mail to PRADA on the e-mail address provided at Section 14.1 below setting out the reasons for cancellation. In the event an Order contains multiple Products, the Customer can reject or cancel the Order also only for some of those Products (not all of them), if he/she wishes so, unless splitting them up would significantly reduce their value. After that, PRADA will refund any sums the Customer has paid to PRADA for the cancelled Products and their delivery without undue delay. If the Products have been delivered to the Customer, the Customer must either post them back to PRADA or (if they are not suitable for posting) allow PRADA to collect them from the Customer as provided in the Section 8 below.
6.8. PRADA shall have the right to split the Order into multiple shipments, according to the availability of the Products for delivery, and the Customer will receive the Products separately upon their availability to be shipped. PRADA will charge the Customer for the Products as and when these are shipped.
6.9. As soon as the purchased Product is shipped, the Customer shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code and an exclusive link that will allow the Customer to real-time monitor the delivery.
PRADA's Client Service shall provide the assistance required for any potential problem relating to the delivery. Customers may contact PRADA's Client Service by email at client.service.eu@prada.com.
6.10. Alternatively to the delivery by courier, and where applicable, the Customer may request to collect the Products purchased directly from a store which may be selected on the Website at the time of the purchase, provided that the relevant Order does not contain any Pre Ordered Products and/or any Personalized Products. In the event the Customer does not collect the Products within 30 (thirty) days of receipt of the email informing him/her that the Product is available for collection, the sale may be cancelled by PRADA. In such case, the Customer shall be informed by email of such cancellation and shall be refunded any amounts already paid.
6.11. The Customer shall bear the risk of loss or damage to the Products from the moment in which he/she, or a third party appointed by the Customer and other than the carrier, physically takes possession of such Products.
In the event, on the other hand, the loss or damage to the Product occurs prior to the physical delivery to the Customer or a third party appointed by the Customer, PRADA shall refund the Customer any amounts already paid.
7. Product Conformity
7.1. The Products will be provided to the Customer without defects. PRADA has complied with all EU and other applicable regulatory requirements in relation to packaging and safety of Products.
7.2. At the time of delivery, the Customer should check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. The sale of Products is subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to the Customer.
7.3. In the event of existence of manufacturing defects or lack of conformity, the Customer shall be entitled to demand that the Products conformity be restored either through fixing or replacement of the Product, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy. In particular, the Customer may demand replacement of the Products instead of the removal of the defect, or if the defect concerns only a part thereof, the Customer may demand the replacement of such a part, unless PRADA thereby incurs inadequate costs with respect to the price of the Products or materiality of defect. PRADA may always replace the defective Products with the new Products instead of removal of the defect, unless such replacement causes serious problems to the Customer.
If the Products have a defect that may not be removed and prevents the proper use of the Products, the Customer shall have the right to the replacement of the Products or the right of withdrawal from the contract. The Customer shall have the same rights if the defects may be removed but the Customer may not use the Products due to the repeated occurrence of the defect after the repair or due to a large number of defects. If the Products have other defects that may not be removed, the Customer may request either (i) a reasonable reduction in price, or (ii) termination of the contract and subsequent refund of the purchase price paid.
It is understood that the Customer shall lose such right if he/she does not notify to PRADA the lack of conformity of the Product within 2 (two) years from the delivery of the Product, unless otherwise provided by any mandatory applicable law. If the Customer is domiciled in Bulgaria, if any damage or otherwise defect to the Product is initially visible, the Customer must inform PRADA immediately; if damage or other defect to the Product is hidden, the Customer must inform PRADA within six (6) months or other term if and as provided by the applicable law.
With specific reference to the France only, PRADA is liable for any non-conformity of the Products under the agreement (Articles L. 217-4 to L. 217-16 of the French Consumer Code) and any hidden defects in the conditions set forth in Articles 1641 to 1648 and 2232 of the French Civil Code. In addition, the statutory warranty of conformity applies regardless of any commercial warranties granted. The Customer may decide to enforce the warranty against hidden defects within the meaning of Article 1641 of the French Civil Code. In this case, the Customer may choose between the rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
Nothing in this clause 7.3 affects the application of mandatory provisions of local consumer law more favourable to the Customer.
7.4. In order to notify the existence of Product defects and lacks and to demand one of the remedies listed above, Customers may contact PRADA at the addresses indicated in Section 14 below.
8. Returns and refunds - Withdrawal
8.1. The Customer has the right to withdraw from the contract without any reason within 14 (fourteen) days of the delivery or collection of the Products, except for the Personalized Products,. For split Orders, the relevant term shall begin on the day of delivery or collection of the latest Product.
8.2. In order to exercise the right of withdrawal, Customers may use the specific form accessible in the "Returns" section of the Website or directly in the "My Account" section if the relevant Customer is registered on the Website (if a specific form is required for the country of the Customer this will be included). To this end, Customers shall be required to: (i) fill in the online form with the information required, (ii) apply on the parcel the sticker with the return address found therein, (iii) prompt a withdrawal request to PRADA by sending an email to client.service.eu@prada.com, specifying the address, telephone number and the selected date of collection of the parcel, such date to be confirmed with the courier.
A form with the instructions for product returns shall be put into each parcel containing the Products purchased. PRADA shall send the Customer an e-mail confirmation that it has received the withdrawal notification without undue delay.
8.3. In the event the Customer complies with the procedure set forth in the preceding Section, the courier appointed by PRADA shall collect the parcel containing the Products to be returned with no charges to the Customer.
If, on the other hand, the Customer does not comply with such procedure, the return costs and any liability for loss, theft, damage or delay in the delivery shall be borne by the Customer.
8.4. The Customer may also be communicated the address the Products must be returned to by contacting PRADA at the following email address: client.service.eu@prada.com.
8.5. The Customer undertakes to return the Products for which he/she has exercised the relevant right of withdrawal without undue delay and, in any case, within 14 (fourteen) days of the date the exercise of the right of withdrawal is notified to PRADA. The right of withdrawal cannot be exercised with reference to Products that, due to health protection or hygiene reasons (including but not limited to perfumes, underwear, make-up and skincare, etc.), cannot be returned if the sealing label or cellophane and/or the original packaging have been opened, damaged, altered or removed.
8.6. Without prejudice to the above Section 8.5, Products must be returned in the same conditions in which they were delivered. The Customer must therefore ensure that he/she has checked the Product in exactly the same way as the Customer would do in a shop, meaning that the Products are intact and complete, that they have never been used, worn or damaged in any way, and returned in their original packaging, equipped with all the labels they were received with. In case a Product was provided with a security tag, the return of this Product will not be accepted if the original security tag has been removed, broken or damaged. PRADA shall check the packaging and conditions of each Product returned, being the substantial integrity of such Products an essential requirement for the exercise of the right of withdrawal.
PRADA reserves the right to reject the return of such Products that should result to have been damaged, deteriorated, stained or appear to be in a condition that unequivocally shows that they have been used for purposes other than for those verifications by the Customer strictly necessary to ascertain the nature and features of the Product purchased, or whose original sealing label or cellophane has been opened, damaged, altered or removed.
In the event the return is rejected, PRADA shall send a specific notice to the Customer and shall consequently not proceed to credit the amount paid by the Customer, reserving as well the right to claim compensation for any damage attributable to the Customer's behaviour, including in case he/she shall not collect, or shall not allow the delivery of, returned Products rejected by PRADA.
8.7. PRADA shall refund any amounts due for the Products returned without undue delay and in any case within 14 (fourteen) days of the date on which PRADA becomes aware of the exercise by the Customer of the right of withdrawal.
In any event, PRADA reserves the right to withhold the refund either until receipt and verification of the Product or until proof by the Customer that he/she has returned the product duly and in intact conditions, whichever occurs first.
The aforementioned refund shall be made by crediting the amount paid by the Customer with the same payment method used for the purchase, unless otherwise expressly agreed by the Customer and provided that no costs are incurred as a result of the refund.
PRADA shall inform the Customer by email of refund of the amount.
8.8. PRADA shall not be under the obligation to refund the delivery costs of the Products in the event the Customer has specifically selected a delivery method other than the standard delivery offered by PRADA.
8.9. The return of Products under this Section is only permitted in respect of purchases made on the Website.
8.10. In consideration of the fact that the Personalized Products are products permanently modified, and personalized specifically for the Customer, and that their original manufacture cannot in any way be restored, the right of withdrawal cannot be exercised by the Customer in relation to any Personalized Products. Accordingly, the provisions contained in this Section 8 will not apply to the Personalized Product, being understood that the exclusion of the Personalized Products from the right of withdrawal will not affect the application of the legal guarantees, provided for in the above Section 7, also to such Products.
9. Limitation of liability
9.1. If PRADA fails to comply with these General Terms and Conditions of Sale, PRADA is responsible for losses or damages Costumer suffers that are a foreseeable result of PRADA breaking this contract or PRADA failing to use reasonable care and skill, but to the extent permitted by applicable law, PRADA is not responsible for any loss or damage that is not foreseeable and cannot be avoided. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both PRADA and Customer knew it will happen, for example, if Customer discussed it with PRADA during the sales process.
9.2. PRADA does not exclude or limit in any way its liability to Customer where it would be unlawful to do so. This includes liability for: (i) death or personal injury caused by PRADA’s negligence or the negligence of PRADA employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; (iii) infringement of the Customer’s legitimate rights in relation to the Products under applicable mandatory consumer protection legislation; and (iv) defective products under all applicable consumer protection laws.
9.3. Subject to paragraph 9.2, and to the extent permitted by law, PRADA total liability to Customer in respect of all other foreseeable losses arising under or in connection with the General Terms and Conditions of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Products per Order. This limitation will not apply however if Customer is domiciled in Slovakia, Poland, Bulgaria and Croatia.
10. Product authenticity and intellectual property rights
10.1. PRADA warrants the authenticity and high quality of all the Products offered for sale on the Website.
10.2. The "Prada" trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the "Prada" products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of the PRADA Group. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
11. Retention of the Agreement
11.1. With specific reference to France only, according to the local applicable law, PRADA will store and archive on any medium, for a period of 10 years, all agreements entered into with the Customer for a value of €120 or more and the Customer will be able to access them at any time. This right of access may be exercised at any time by contacting client.service.eu@prada.com or the E-commerce Client Service, Via Orobia no. 3, 20139 Milan, Italy.
12. Disputes
12.1. The General Terms and Conditions of Sale hereof are governed by Italian law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the Customer applicable in the country of habitual residence of the Customer.
12.2. In the event of a dispute arising from the interpretation and/or application of the General Terms and Conditions of Sale hereof, the court of the place where the Customer is domiciled or resident, if located in Italy, shall have exclusive and mandatory jurisdiction. In the event the Customer's domicile or residence is not located in Italy, the Customer may, at his/her election, refer the matter either to the court of the place where he/she is domiciled or resident or to the Court of Milan where PRADA is domiciled.
12.3. Alternatively, according to Section 14 of the EU Regulation 524/2013/UE, where applicable, the Customer may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr, or:
(i) in Bulgaria, an Alternative Dispute Resolution Commission at the Bulgarian Consumer Protection Commission http://www.ecc.bg/;
(ii) in Estonia, the Estonian Consumer Protection Board, Pronksi 12, 10117 Tallinn, info@tarbijakaitseamet.ee;
(iii) in Latvia, the Consumer Rights Protection Centre (Brīvības iela 55, Centra rajons, Rīga, LV-1010, www.ptac.gov.lv/en);
(iv) in Lithuania, the State Authority for the Protection of Consumer Rights, Vilnius g.25, 01402 Vilnius, www.vvtat.lt;
(v) in Slovakia, pursuant to Act No. 391/2015 on the Alternative Dispute Resolution Platform for Consumer Disputes, as amended;
(vi) in Finland the Customer may also contact the Finnish Consumer Disputes Board available on the website www.kuluttajariita.fi/en/index.html (however, the Customer should first contact the Consumer Advisory Services at https://www.kkv.fi/en/consumer-advice/);
(vii) in France the Customer may also contact the mediation service provided by the Fédération du e-commerce et de la vente à distance ("FEVAD") at the following address: http://www.mediateurfevad.fr/;
(viii) in Norway the Customer may also contact Forbruker Europa, available on the website https://forbrukereuropa.no/;
(ix) in Sweden the Customer may also contact the Allmänna reklamationsnämnden (National Board for Consumer Disputes (ARN)), available on the website www.arn.se.
12.4. This right to use the mediation service is an alternative mechanism but does not constitute a prior condition to the exercise of the right to bring a claim before courts, pursuant to the provisions of Section 12.2. above.
13. Severability
13.1. Should any provision of these General Terms and Conditions of Sale be held invalid under any applicable law, regulation or final decision of a competent court, all other provisions herein shall remain in full force and effect.
14. Contact details
14.1. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale hereof, Customers may send an email to client.service.eu@prada.com or contact the E-commerce Client Service at Via Orobia no. 3, 20139 Milan, Italy, or may call our international toll-free number 00800 800 PRADA - 00800 800 77232.
Last updated: July 26th, 2023