PRE-INFORMATION, INFORMATION REGARDING THE WITHDRAWAL RIGHT, DISTANT SALE CONTRACT AND GENERAL TERMS AND CONDITIONS
PRE-INFORMATION
Pursuant to the Turkish Consumer Protection Law numbered 6502 and the Turkish Regulation on Distant Sale Contracts published in the Turkish Official Gazette dated 27 November 2014 and dated 29188, the seller, as identified in the following section 2, hereby informs the customer (hereinafter referred to as “Customer”) of the following information regarding the customer’s order (hereinafter referred to as “Order”) of the Prada branded product(s) (hereinafter referred to as “Product(s)”) through this website www.prada.com (hereinafter referred to as the "Website").
1. Basic Features of the Product(s)
1.1. The basic features the of the Product(s) are provided in the special section wherein the Products selected by the Customer shall be placed (hereinafter referred to as the "Shopping Bag") . Following confirmation of the Order by the Customer, the Customer will receive without undue delay an e-mail acknowledging that the seller has received the Order (hereinafter referred to as “Order Acknowledgement”). The basic features of the Product(s) that has/have been ordered shall also be made available in the Order Acknowledgement.
1.2. Before confirming the Order, to view the Products selected and the total price of the Order, please visit the Shopping Bag page.
2. General Information of the Seller
The seller is Prada Bosphorus Deri Mamüller Limited Şirketi (hereinafter referred to as “PRADA”), a company incorporated and existing under the laws of Republic of Turkey, with its registered office at “Abdi İpekçi Cad. No.34 Şişli/Istanbul-Turkey”, registered with the Istanbul Trade Registry with the number 692357-0, having MERSIS (Central Registration) number 0733036270800010 and registered with Beyoğlu Corporate Tax Office under the tax number 7330362708.
3. Contact Information of the Seller
For any matter concerning the Order including making complaints, the Customer may send an e-mail to the following address: client.service.eu@prada.com or contact the Prada Group E-commerce Client Service, via Orobia 3, 20139 Milano, Italy, or may call our number +90 212 80 80 100.
4. Total Price of Product(s) in the Order
The total price of Product(s) in the Order (including all taxes) and shipping, delivery and similar additional costs, if any, are provided in the Shopping Bag and shall also be provided in the Order Aknowledgement to the Customer.
5. Information on Payment Methods and Payment
5.1. PRADA only accepts credit cards and the other payment methods expressly indicated on the Website.
5.2. 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.
5.3. Transaction amounts shall be charged to the Customer when the Order is confirmed by the Customer by pressing the relevant final Order confirmation button (“Buy Button”) and after occurrence of the following: (i) the verification of the credit card data and (ii) receipt from the company issuing the credit card used by the Customer of the debit authorisation.
5.4. Both for the Orders containing only pre ordered products (hereinafter referred to as “Pre Ordered Products”) or personalized products (hereinafter referred to as “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.
5.5. 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.
5.6. The purchased Products shall only be shipped after due payment of the amount owed by the Customer.
5.7. 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 shall be cancelled, and the Customer shall be subsequently notified accordingly.
5.8. In the event one or more Products are unavailable, the Customer will be informed about that and if the Customer has decided not to fully cancel the Order, the amount of the unavailable Product shall be refunded by PRADA to the Customer in accordance with the terms of clause 4 of Section “Distant Sale Contract and General Terms and Conditions” below (Product Availability) as reported below.
6. Information on Delivery and Shipping Restrictions
6.1. The Products shall be delivered to the relevant person at the delivery address declared by the Customer in the Order form, via the courier company authorized by PRADA. The Customer accepts that the delivery made in the address indicated by the Customer and to the person present at this address at the time of delivery shall be deemed as the delivery made to the Customer. Even if the Customer is not present at the time of delivery, PRADA shall be deemed to have fulfilled its performance fully and completely. In case there is no one at the address to take the delivery, the Customer shall be responsible for communication with the courier company and accordingly taking the receipt of the delivery. If the Product shall be delivered to any person other than the Customer, absence of such person at the delivery place or rejection of the Product by such person is also at the Customer’s responsibility. All kinds of damages arising from the late acceptance of the Product by the Customer and the expenses incurred due to the Product waiting in the courier company and / or the return of the courier to PRADA shall be borne by the Customer.
6.2. The Customers will receive the Products separately as soon as they are ready for shipping, unless the Customer has selected on the Website the option to receive the entire Order as one shipment, if any. The Products shall be delivered to the address indicated by the Customer in the Order.
6.3. 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.
6.4. If the courier company does not have a branch in the delivery place declared by the Customer, PRADA shall contact the Customer and check where the Product should be delivered. Unless the Customer provides such information to PRADA, PRADA shall not be responsible for late deliveries.
6.5. The Products offered for sale on the Website may only be delivered to addresses in Republic of Turkey. In light of the foregoing, any Order entailing delivery outside of Republic of Turkey shall be automatically rejected upon processing of the Order.
6.6. 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.
6.7. 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 upon completion of the filling in of the Order and prior to pressing the Buy Button.
6.8. In compliance with the applicable laws currently into force, the term within which PRADA is required to deliver the Products purchased is 30 (thirty) days of the date of execution of the Distant Sale Contract and General Terms and Conditions, with the exception of events of force majeure.
6.9. 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 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.
6.10. In the event PRADA does not deliver the Products ordered within the above term, PRADA will ask the Customer whether the Customer requests the delivery of the Product at a later date or terminate the Distant Sale Contract and General Terms and Conditions. In case the Customer prefers to receive the Product, PRADA will deliver such Products within an additional term adequate to the circumstances in accordance with the applicable laws currently into force.
6.11. The Customer shall in any event have the right to immediately terminate the Distant Sale Contract and General Terms and Conditions if the Product ordered is not delivered within the additional term specified.
6.12. 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, unless he/she has selected on the Website the option to receive the Order as a whole, if any.
6.13. As soon as the purchased Product is shipped, the Customer shall receive an e-mail to the address indicated in the Order. Such e-mail shall contain a shipment tracking code and an exclusive link that will allow the Customer to real-time monitor the delivery by the authorised courier company.
6.14. 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 e-mail at: client.service.eu@prada.com.
6.15. Alternatively to the delivery by courier, 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 e-mail 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 e-mail of such cancellation and shall be refunded any amounts already paid.
6.16. 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.
6.17. 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. Information on conditions, duration, procedure, notification for exercise of the withdrawal right, in cases where the withdrawal right cannot be exercised due to the legal exceptions, information that the Customer may not enjoy the withdrawal right or the circumstances the Customer shall not use the withdrawal right
7.1. The Customer has the right to withdraw without any reasons from the Distant Sale Contract and General Terms and Conditions within 14 (fourteen) days of the delivery or collection of the Products, except for the Personalized Products. However, the Customer may also exercise the right to withdraw starting from the time, when the Distant Sale Contract and General Terms and Conditions is executed. For split Orders, the relevant term shall begin on the day of delivery or collection of the latest Product.
7.2. In accordance with the applicable law, the Customer may not exercise the right to withdraw for delivery of any of the following: (i) Products prepared based on the Customer’s request or personal needs such as the Personalized Products as better specified in the clause 7.18 below; (ii) Products with protective elements such as packaging, tape, seal and pack opened, whose return is unfavourable due to health and hygiene purposes; (iii) Products that are mixed with other Products after delivery, which are not separable by nature; (iv) books, digital contents and computer consumables offered in a physical state, if the protective elements such as packaging, tape, seal and pack are opened after the delivery.
7.3. In order to exercise the right of withdrawal, Customers may send a notice to Prada Group E-commerce Client Service on the exercise of the right to withdraw in writing to the address of via Orobia 3, 20139 Milano, Italy, or through e-mail client.service.eu@prada.com, or 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 and send the specific form through the Website. Once PRADA receives such form through the Website, PRADA shall promptly send an e-mail to the Customer of the receipt of the request for withdrawal. 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 e-mail 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.
7.4. A form with the instructions for Product returns shall be put into each parcel containing the Products purchased.
7.5. In the event the Customer complies with the procedure set forth in the preceding paragraph, the courier appointed by PRADA shall collect the parcel containing the Products to be returned with no charges to the Customer.
7.6. 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.
7.7. The Customer may also be communicated the address the Products must be returned to by contacting PRADA at the following e-mail address: client.service.eu@prada.com.
7.8. 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 10 (ten) days of the date the exercise of the right of withdrawal is notified to PRADA.
7.9. Products must be returned in the same conditions in which they were delivered. The Customer must therefore ensure 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. The Customer is also informed that, based on security and hygienic-sanitary reasons, perfumes cannot be returned if the sealing cellophane and the original packaging have been opened, damaged, altered or removed. 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.
7.10. 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.
7.11. In the event the return is rejected, PRADA shall send a specific e-mail 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.
7.12. 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 unless the return is rejected by PRADA as per this clause 7. Once PRADA refunds the amounts to the relevant bank, PRADA shall not be responsible for any delays caused by the bank in the deposit of such amount back to the Customer’s account, which is a separate process in which PRADA does not have any control.
7.13. 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.
7.14. 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.
7.15. PRADA shall inform the Customer by e-mail of refund of the amount.
7.16. 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.
7.17. The return of Products under this section is only permitted in respect of purchases made on the Website.
7.18. 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 clause 7 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 clause 9 of the Section “Distant Sale Contract and General Terms and Conditions” (Product Conformity) below .
8. Information on Applications In Case of Dispute
In the event of a dispute arising from the Order hereof, the Customer may apply to the Turkish Consumer Arbitration Committees which shall have sole jurisdiction over complaints and applications up to the monetary limit determined by the Ministry of Trade of the Republic of Turkey; or the Turkish Consumer Courts and Execution Offices which shall have sole jurisdiction over any complaints and applications exceeding the same.
INFORMATION REGARDING THE WITHDRAWAL RIGHT
1. The Customer has the right to withdraw without any reasons from the Distant Sale Contract and General Terms and Conditions within 14 (fourteen) days of the delivery or collection of the Products, except for the Personalized Products. However, the Customer may also exercise the right to withdraw starting from the time, when the Distant Sale Contract and General Terms and Conditions is executed. For split Orders, the relevant term shall begin on the day of delivery or collection of the latest Product.
2. In accordance with the applicable law, the Customer may not exercise the right to withdraw for delivery of any of the following: (i) Products prepared based on the Customer’s request or personal needs such as the Personalized Products as better specified in the clause 18 below; (ii) Products with protective elements such as packaging, tape, seal and pack opened, whose return is unfavourable due to health and hygiene purposes; (iii) Products that are mixed with other Products after delivery, which are not separable by nature; (iv) books, digital contents and computer consumables offered in a physical state, if the protective elements such as packaging, tape, seal and pack are opened after the delivery.
3. In order to exercise the right of withdrawal, Customers may send a notice to Prada Group E-commerce Client Service on the exercise of the right to withdraw in writing to the address of via Orobia 3, 20139 Milano, Italy, or through e-mail client.service.eu@prada.com, or 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 and send the specific form through the Website. Once PRADA receives such form through the Website, PRADA shall promptly send an e-mail to the Customer of the receipt of the request for withdrawal. 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 e-mail 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.
4. A form with the instructions for Product returns shall be put into each parcel containing the Products purchased.
5. In the event the Customer complies with the procedure set forth in the preceding paragraph, the courier appointed by PRADA shall collect the parcel containing the Products to be returned with no charges to the Customer.
6. 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.
7. The Customer may also be communicated the address the Products must be returned to by contacting PRADA at the following e-mail address: client.service.eu@prada.com.
8. 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 10 (ten) days of the date the exercise of the right of withdrawal is notified to PRADA.
9. Products must be returned in the same conditions in which they were delivered. The Customer must therefore ensure 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. The Customer is also informed that, based on security and hygienic-sanitary reasons, perfumes cannot be returned if the sealing cellophane and the original packaging have been opened, damaged, altered or removed. 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.
10. 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.
11. In the event the return is rejected, PRADA shall send a specific e-mail 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.
12. 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 unless the return is rejected by PRADA as per this clause 12. Once PRADA refunds the amounts to the relevant bank, PRADA shall not be responsible for any delays caused by the bank in the deposit of such amount back to the Customer’s account, which is a separate process in which PRADA does not have any control.
13. 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.
14. 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.
15. PRADA shall inform the Customer by e-mail of refund of the amount.
16. 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.
17. The return of Products under this section is only permitted in respect of purchases made on the Website.
18. 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 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 clause 9 of the Section “Distant Sale Contract and General Terms and Conditions” (Product Conformity) below, also to such Products.
DISTANT SALE CONTRACT AND GENERAL TERMS AND CONDITIONS
1. Parties
This distant sale contract and general terms and conditions (hereinafter referred to as the "Contract", and, together with the Pre-Information and theInformation regarding the Withdrawal Right, hereinafter collectively referred to as the “General Agreement”) has been concluded by and between the Customer (as defined below) and Prada Bosphorus Deri Mamüller Limited Şirketi (hereinafter referred to as “PRADA”), a company incorporated and existing under the laws of Republic of Turkey, with its registered office at Abdi İpekçi Cad. No.34 Şişli/Istanbul-Turkey, registered with the Istanbul Trade Registry with the number 692357-0, having MERSIS (Central Registration) number 0733036270800010 and registered with Beyoğlu Corporate Tax Office under the tax number 7330362708.
2. Subject of the Contract
The subject matter of this Contract is related to the sale and delivery of the "Prada" branded products (hereinafter referred to as “Products”) ordered by the Customer (as defined below) through this website www.prada.com (hereinafter referred to as the "Website") and terms and conditions applicable to such orders (hereafter referred to as the "Order") placed by the Customers on this Website.
3. General principles
3.1. The use of the distant sale service governed by the Contract hereof is exclusively reserved to consumers (hereinafter referred to individually as "Customer" or, collectively, "Customers") meaning natural persons acting for purposes not related to the business, entrepreneurial, artisanal or professional activities possibly carried out, over the age of 18 (or, if younger, authorised by their legal representative).
3.2. The resale or transfer of the Products purchased by the Customers on the Website for any commercial or professional purpose whatsoever is expressly prohibited.
3.3. The Products offered for sale on the Website may only be delivered to an address in the Republic of Turkey.
3.4. The languages used to execute this Contract through the Website hereof is both Turkish and English. In case of discrepancy among the texts, the Turkish version shall prevail.
3.5. This Contract thereof is published on the Website for Customers’ information, storage and reproduction purposes, in compliance with the applicable laws currently into force.
The purchase of the Products is exclusively governed by the Contract published on the Website and into force at the time of the relevant purchase.
4. Product availability
4.1. The Customer acknowledges that the Products offered by PRADA on the Website are limited in number and he/she is therefore aware that PRADA shall need to check their availability at the time of the purchase.
4.2. Occasionally, the availability of certain Products may incur inconveniences. In such circumstances, PRADA shall inform the Customer promptly (and in any case within the deadlines specified below) by e-mail that the Order placed by the Customer has been cancelled, in which case PRADA shall refund the amounts paid by the Customer to PRADA within the following 14 (fourteen) days. The Customer accepts that PRADA shall not be responsible for any delays caused by the bank in the deposit of such amount back to the Customer’s account, which is a separate process in which PRADA does not have any control.
4.3. In the event the Order is only partially available, the Customer will be promptly informed about that. However, the Customer agrees and accepts to receive only the Products available, unless he/she has selected on the Website the option to receive the entire Order as a whole, if any. In such case, the Customer will be asked if he/she either wishes to receive the Products that are available or fully cancel the Order.
4.4. PRADA reserves the right to vary the Products offered for sale on the Website at any time, without any notice.
5. Purchasing process
5.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the Product’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.
5.2. 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.
5.3. The Products selected by the Customer shall be placed into a special section (hereinafter referred to as the "Shopping Bag").
5.4. 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, the prices of the Product(s) (including taxes) and any applicable additional costs shall be included in the Customer's Shopping Bag.
5.5. 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.
5.6. To view the Products selected and the total price of the purchase order, please visit the Shopping Bag page.
5.7. Before confirming the relevant 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.
5.8. Before confirming the Order, the Customer hereby accepts that he/she has checked the Shopping Bag and that he/she has been duly provided with and has taken note of the terms and conditions of privacy policy statement, the Pre-Information (Ön Bilgilendirme) which include, among others, (i) general features of the Product, (ii) title and MERSİS number of the Seller, (iii) total price of the Product including taxes, if the price of the Product cannot be calculated in advance the method of calculation, additional costs such as all transportation, delivery or similar costs, if any, and if these cannot be calculated in advance, information that the Customer may need to pay additional costs, for cases where the Customer has a withdrawal right, (iv) the conditions applicable to exercise the withdrawal right, the period in which the withdrawal right can be exercised, its method and information regarding the transporter appointed by PRADA for return of the Products, (v) in cases where the withdrawal right cannot be exercised due to the legal exceptions, information that the Customer may not enjoy the withdrawal right or the circumstances the Customer shall not use the withdrawal right, (vi) whether any shipping restriction is applicable and the accepted payment methods which are made available by PRADA on the Website. The Customer accepts that the Order can be confirmed only if the General Agreement and privacy policy statement are approved by the Customer.
5.9. The purchasing process is completed as soon as the Customer presses the relevant final Order confirmation button (hereinafter referred to as the "Buy Button"), thereby validating his/her Order, which will be directly submitted to PRADA.
5.10. After pressing the Buy Button, the contents of the Order may no longer be modified by the Customer.
5.11. At the end of the purchasing process, the General Agreement shall be sent to e-mail address of the Customer and it is advisable that the Customer save or print off the this General Agreement.
5.12. The purchasing process must be fully completed; failure to do so entails that the Order cannot be submitted to PRADA.
5.13. 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.
5.14. Any use of the Customer's data for purposes other than the purchase shall be subject to the relevant Customer’s prior and express separate consent pursuant to the conditions set forth in the "Privacy Policy Statement" published on the Website.
5.15. 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.
5.16. 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.
5.17. 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).
5.18. 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”.
5.19. 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 confirmation of the Order by the Customer, although the Pre Ordered Product and the Personalized Product are not ready to be shipped at that moment.
5.20. 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.
5.21. 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 confirmation of the Order by the Customer, even if such Pre Ordered and Personalized Products will be delivered at the relevant estimated delivery dates specified in the Product pages description.
5.22. 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.
5.23. 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 this Contract hereof will apply also to the Pre Ordered Products and to the Personalized Products.
6. Execution of the Contract
6.1. 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.
6.2. After placing the Order, the Customer will receive without undue delay an e-mail acknowledging that PRADA has received the Order (hereinafter referred to as the "Order Acknowledgement"). This Order Acknowledgement means that the Order has been received by PRADA. The General Agreement which has been made available on the Website before confirmation of the Order shall also be sent to the address indicated by the Customer in the order form and a summary of the terms and conditions of the Order, 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.
6.3. Unless there is a circumstance specified in clause 6.4. below, PRADA shall confirm the shipment of the Order by sending one or more shipment confirmation e-mails, whereby PRADA confirms shipment of the relevant Products (hereinafter referred to as the "Shipment Confirmation").
6.4. PRADA reserves the right to cancel 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 terms and conditions of this Contract 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 e-mail, within 15 (fiteen) days from the date of receipt of the Order, of the cancellation of the Order received.
6.5. In the event of partial availability of the Products, if the Customer has selected the option to receive the entire Order as a whole, he/she will be asked if he/she either wishes to receive the Products that are available or fully cancel the Order. If the cancellation is only partial, the Customer shall be refunded for the price of the Products that are not avaliable.
6.6. The Customer agrees and accepts to receive only the Products available, unless he/she has selected on the Website the option to receive the entire Order as a whole.
7. Price and Method of Payment
7.1. The prices of all Products offered for sale on the Website are inclusive of VAT.
7.2. The relevant prices shall be shown in Turkish Lira (TRY).
7.3. The total price displayed in the Shopping Bag includes shipping costs possibly applicable, which shall be indicated separately.
7.4. In any event, PRADA shall seek the Customer’s express consent to charge any additional cost.
7.5. 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, 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 7.9, even if they are not yet ready to be shipped at that moment.
7.6. PRADA reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice.
7.7. PRADA only accepts credit cards and the other payment methods expressly indicated on the Website.
7.8. 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.
7.9. Transaction amounts shall be charged to the Customer when the Order is confirmed by the Customer by pressing the Buy Button and after occurrence of the following:
(i) the verification of the credit card data and (ii) receipt from the company issuing the credit card used by the Customer of the debit authorisation.
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.
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.
7.10. The purchased Products shall only be shipped after due payment of the amount owed by the Customer.
7.11. 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 shall be cancelled, and the Customer shall be subsequently notified accordingly.
7.12. In the event one or more Products are unavailable and the Customer has decided not to fully cancel the Order, the amount of the unavailable Product shall be refunded by PRADA to the Customer in accordance with the terms of clause 4 above.
8. Delivery
8.1. The Products shall be delivered to the relevant person at the delivery address declared by the Customer in the Order form, via the courier company authorized by PRADA. The Customer accepts that the delivery made in the address indicated by the Customer and to the person present at this address at the time of delivery shall be deemed as the delivery made to the Customer. Even if the Customer is not present at the time of delivery, PRADA shall be deemed to have fulfilled its performance fully and completely. In case there is no one at the address to take the delivery, the Customer shall be responsible for communication with the courier company and accordingly taking the receipt of the delivery. If the Product shall be delivered to any person other than the Customer, absence of such person at the delivery place or rejection of the Product by such person is also at the Customer’s responsibility. All kinds of damages arising from the late acceptance of the Product by the Customer and the expenses incurred due to the Product waiting in the courier company and / or the return of the courier to PRADA shall be borne by the Customer.
8.2. The Customers will receive the Products separately as soon as they are ready for shipping, unless the Customer has selected on the Website the option to receive the entire Order as one shipment, if any. The Products shall be delivered to the address indicated by the Customer in the Order.
8.3. 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.
8.4. If the courier company does not have a branch in the delivery place declared by the Customer, PRADA shall contact the Customer and check where the Product should be delivered. Unless the Customer does provides such information to PRADA, PRADA shall not be responsible for late deliveries.
8.5. The Products offered for sale on the Website may only be delivered to addresses in Republic of Turkey. In light of the foregoing, any Order entailing delivery outside of Republic of Turkey shall be automatically rejected upon processing of the Order.
8.6. 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 upon completion of the filling in of the Order and prior to pressing the Buy Button.
8.7. In compliance with the applicable laws currently into force, the term within which PRADA is required to deliver the Products purchased is 30 (thirty) days of the date of execution of the Contract, with the exception of events of force majeure.
8.8. 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 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.
8.9. In the event PRADA does not deliver the Products ordered within the above term, PRADA will ask the Customer whether the Customer requests the delivery of the Product at a later date or terminate the Contract. In case the Customer prefers to receive the Product, PRADA will deliver such Products within an additional term adequate to the circumstances in accordance with the applicable laws currently into force.
8.10. The Customer shall in any event have the right to immediately terminate the Contract if the Product ordered is not delivered within the additional term specified.
8.11. 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, unless he/she has selected on the Website the option to receive the Order as a whole.
8.12. As soon as the purchased Product is shipped, the Customer shall receive an e-mail to the address indicated in the Order. Such e-mail shall contain a shipment tracking code and an exclusive link that will allow the Customer to real-time monitor the delivery by the authorised courier company.
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 e-mail at: client.service.eu@prada.com.
8.13. Alternatively to the delivery by courier, 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 e-mail 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 e-mail of such cancellation and shall be refunded any amounts already paid.
8.14. 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.
8.15. 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.
9. Product Conformity
9.1. At the time of delivery, the Customer is required to 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.
9.2. 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. If any of the cases provided for by the law applies, the Customer may request a congruous reduction in price or the termination of the Contract and subsequent refund of the purchase price paid. It is understood that the Customer shall notify the manufacturing defect or lack of conformity in a reasonable time after becoming aware of the defect. In any event, PRADA is only liable for the manufacturing defects or lack of conformity of the Products revealed within two (2) years from the delivery of the Product. Actions aimed to claim defects of the Products can only be brought to court within 2 (two) years from the delivery of the relevant Product.
9.3. 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 clause 14 below.
10. Returns and refunds - Withdrawal
10.1. The Customer has the right to withdraw without any reasons from the Contract within 14 (fourteen) days of the delivery or collection of the Products, except for the Personalized Products. However, the Customer may also exercise the right to withdraw starting from the time, when the Contract is executed. For split Orders, the relevant term shall begin on the day of delivery or collection of the latest Product.
10.2. In accordance with the applicable law, the Customer may not exercise the right to withdraw for delivery of any of the following: (i) Products prepared based on the Customer’s request or personal needs such as the Personalized Products as better specified in the clause 10.18. below; (ii) Products with protective elements such as packaging, tape, seal and pack opened, whose return is unfavourable due to health and hygiene purposes; (iii) Products that are mixed with other Products after delivery, which are not separable by nature; (iv) books, digital contents and computer consumables offered in a physical state, if the protective elements such as packaging, tape, seal and pack are opened after the delivery.
10.3. In order to exercise the right of withdrawal, Customers may send a notice to Prada Group E-commerce Client Service on the exercise of the right to withdraw in writing to the address of via Orobia 3, 20139 Milano, Italy, or through e-mail client.service.eu@prada.com, or 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 and send the specific form through the Website. Once PRADA receives such form through the Website, PRADA shall promptly send an e-mail to the Customer of the receipt of the request for withdrawal. 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 e-mail 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.
10.4. A form with the instructions for Product returns shall be put into each parcel containing the Products purchased.
10.5. In the event the Customer complies with the procedure set forth in the preceding paragraph, the courier appointed by PRADA shall collect the parcel containing the Products to be returned with no charges to the Customer.
10.6. 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.
10.7. The Customer may also be communicated the address the Products must be returned to by contacting PRADA at the following e-mail address: client.service.eu@prada.com.
10.8. 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 10 (ten) days of the date the exercise of the right of withdrawal is notified to PRADA.
10.9. Products must be returned in the same conditions in which they were delivered. The Customer must therefore ensure 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. The Customer is also informed that, based on security and hygienic-sanitary reasons, perfumes cannot be returned if the sealing cellophane and the original packaging have been opened, damaged, altered or removed. 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.
10.10. 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.
10.11. In the event the return is rejected, PRADA shall send a specific e-mail 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.
10.12. 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 unless the return is rejected by PRADA as per this clause 10. Once PRADA refunds the amounts to the relevant bank, PRADA shall not be responsible for any delays caused by the bank in the deposit of such amount back to the Customer’s account, which is a separate processin which PRADA does not have any control.
10.13. 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.
10.14. 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.
10.15. PRADA shall inform the Customer by e-mail of refund of the amount.
10.16. 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.
10.17. The return of Products under this section is only permitted in respect of purchases made on the Website.
10.18. 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 clause 10 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 clause 9, also to such Products.
11. Limitation of liability
Except in the event of wilful misconduct or gross negligence, PRADA shall in no way be liable vis-à-vis the Customer for any indirect or consequential damages that may arise from the purchase of the Products offered for sale on the Website.
12. Product authenticity and intellectual property rights
12.1. PRADA warrants the authenticity and high quality of all the Products offered for sale on the Website.
12.2. 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.
13. Disputes
13.1. The Contract hereof are governed by laws of Republic of Turkey and shall be construed accordingly.
13.2. In the event of a dispute arising from the interpretation and/or application of the Contract hereof, the Turkish Consumer Arbitration Committees shall have sole jurisdiction over complaints and applications up to the monetary limit determined by the Ministry of Trade of the Republic of Turkey; and the Turkish Consumer Courts and Execution Offices shall have sole jurisdiction over any complaints and applications exceeding the same.
14. Contact details
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 Contract hereof, Customers may send an e-mail to the following address: client.service.eu@prada.com or contact the Prada Group E-commerce Client Service, Via Orobia 3, 20139 Milan, Italy, or may call our number +90 212 80 80 100.
Last updated: March 8th, 2022