TERMS AND CONDITIONS OF SALE
1.1. The sale of "PRADA" branded products ("Products") and provision of services ("Services") in Australia through the website www.prada.com ("Website") is governed by the following Terms and Conditions of Sale, as amended from time to time ("Terms and Conditions").
1.2. The Products are sold and the Services are provided directly by PRADA Australia Pty Ltd (ABN 97 077 053 055) ("PRADA"). PRADA is a company incorporated under the laws of New South Wales, Australia with registered office at Level 6, 15 Castlereagh Street, Sydney, NSW 2000, Australia.
1.3. The sale of Products and provision of Services through the Website is restricted to consumers (hereinafter referred to individually as "Customer" or, collectively, "Customers") meaning natural persons acting for purposes that are not related to business, commercial, entrepreneurial, artisanal or professional activities. Customers must be over the age of 18 years and capable of concluding a legally binding contract. If a person is under 18 years of age and wishes to place an Order, the person must obtain the consent and agreement of his or her parent or guardian to the Terms and Conditions. The parent or guardian will be the Customer for the purposes of the Terms and Conditions.
1.4. The resale or transfer of the Products or Services purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.
1.5. The Products offered for sale on the Website may only be purchased if to be delivered to a physical address in Australia (excluding P.O. Boxes, poste restante or freight forwarder addresses).
1.6. The language used to execute sale contracts through the Website is English
1.7. The Terms and Conditions are published on the Website for Customers’ information and record-keeping purposes.
1.8. The purchase of the Products and Services is exclusively governed by the Terms and Conditions published on the Website and in force at the time of the relevant purchase.
1.9. PRADA reserves the right to amend and/or replace the Terms and Conditions at any time.
1.10. Any amendments to and/or replacement of the Terms and Conditions shall only be effective in respect of purchases of Products or Services made after the date that the amended or new version of the Terms and Conditions is published and is stated to take effect.
1.11. If PRADA amends or replaces the Terms and Conditions, any previous version of the Terms and Conditions will not apply to any purchases made after the amended or replaced Terms and Conditions come into effect.
2. Product and Service availability
2.1. The Customer acknowledges that the Products or Services are limited in quantity and the Customer is therefore aware that PRADA will need to check the availability of the Products or Services at the time an Order is placed.
2.2. Occasionally, certain Products or Services may become unavailable. In such circumstances, PRADA will inform the Customer promptly (and in any case within the deadlines specified below) by email that the order placed by the Customer ("Order") has been cancelled. All Orders placed by Customers are subject to acceptance by PRADA in accordance with Section 4. PRADA gives no undertaking as to the availability of the Products or Services.
In the event the Products ordered by the Customer are only partially available:-
(i) If the Customer has selected to receive multiple shipments as Products become available while placing the Order, PRADA will inform the Customer the Products and/or Services which are unavailable and accept the Order in respect of the Products which are available.
(ii) If the Customer has selected to receive only the entire Order as a whole while placing the Order, PRADA will ask the Customer whether he/she wishes PRADA to accept the Order in respect of the which are available or wishes to cancel the Order. If PRADA does not receive the Customer’s reply within 72 hours, PRADA will cancel the Order.
(iii) If the two options above are not offered to the Customer while placing the Order, PRADA will contact the Customer and ask him/her whether he/she wishes PRADA to accept the Order in respect of the Products which are available or wishes to cancel the Order. If PRADA does not receive the Customer’s reply within 72 hours, PRADA will accept the Order in respect of the Products which are available.
2.3. PRADA reserves the right to vary the Products or Services offered for sale on the Website at any time without prior notice.
3. Purchasing process
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the Product details, including images, unit pricing, colours, sizes (as applicable), and, for those Products expressly marked on the Website as "Pre Order", "Pre Ordered Product" or "Personalised Product", being not yet available for delivery, the estimated date on which the Pre Ordered Products or Personalised Products could be delivered (subject to Section 6.5).
3.2. The Customer may purchase one or more Products, up to a maximum of 4 units per Product, except as otherwise provided. PRADA reserves the right to vary these limitations at its discretion at any time.
3.3. The Products or Services selected for purchase by the Customer shall be placed into the Customer’s ‘shopping bag’ section of the Website ("Shopping Bag"). Items placed in a Customer’s Shopping Bag are not reserved for that individual Customer and may still be purchased by other Customers.
3.4. A description of the Products, including measurements or sizes (if applicable), together with one or more images of the Product will be displayed in the Customer's Shopping Bag.
3.5. Although PRADA takes reasonable steps to ensure that the photographs displayed on the Website accurately reflect the original Products, there may be some minor discrepancies due to the technical characteristics and colour resolution of the device used by the Customer. PRADA shall not be responsible for inadequacy of the graphic representations of the Products displayed on the Website due to this and for other factors which are out of its control. Any measurements of the Products given are approximate only, and colours, fabrics and designs of the Products displayed, and the Products delivered to the Customer, may vary in minor respects.
3.6. To view the Products or Services selected and the total price of any proposed Order, the Customer may visit the Shopping Bag page.
3.7. Before confirming the relevant Order, the Customer must check the accuracy of the contents of the Shopping Bag and complete the Order form in accordance with the instructions provided on the Website.
3.8. The Order process is completed as soon as the Customer clicks the relevant final Order confirmation button ("Buy Button"), thereby confirming his/her Order, which will be submitted to PRADA.
3.9. After clicking the Buy Button, the Customer will not be able to modify the contents of the Order but may cancel the Order prior to the sending by PRADA of the Confirmation Email referred to in Section 4.4, by notifying PRADA’s Client Service by email at: email@example.com, unless the Customer’s Order includes one or more Personalised Products indicated as not returnable or Pre Ordered Product.
3.10. Before clicking the Buy Button, the Customer must confirm that he/she has read and accepted the Terms and Conditions. At the end of the Order process, the Customer should save or print the Terms and Conditions for future reference.
3.11. If the Order process is not completed, the Order will not be submitted to PRADA for processing.
3.13. Customers who have registered for an account on the Website may check their Order status by logging on to their account on the Website and accessing the ‘My Orders’ page.
3.14. The Customer must ensure that any data entered on the Website or otherwise provided to PRADA in relation to a purchase is accurate, complete and up-to-date.
3.15. The Customer may have the opportunity to pre-order on the Website a selection of Products before their commercial launch or distribution and placement in the market. These Products are defined and marked on the Website as "Pre Order" or "Pre Ordered Product". The Customer acknowledges that such Pre Ordered Products are not yet available for delivery at the time of placing his/her Order.
The Customer may also have the opportunity to order on the Website a selection of Products which can be personalised by PRADA according to the Customer’s request in the manner described on the Website. The customisation will be subject to any limitations described on the Website. These Products are defined and marked on the Website as "Personalised Product". The Customer acknowledges that such Personalised Product Products may not be available for delivery at the time of placing his/her Order.
3.16. The Customer acknowledges and agrees that if any Order placed by the Customer relates to one or more Pre Ordered Product or Personalised Product, the total price for all Products he/she has ordered as shown on the Website and displayed in the Shopping Bag section shall be charged in advance to the Customer, although the Pre Ordered Product or Personalised Product may not be available for delivery at the time the Customer places his/her Order.
Subject to Section 6.5, the Pre Ordered Product or Personalised Product will be delivered to the Customer on or around the estimated date specified in the Product page description and/or in the Shopping Bag section.
If any Order placed by the Customer relates to one or more Pre Ordered Products or Personalised Products in addition to Products currently available for delivery ("Mixed Order"), Products may be delivered separately as they become available (subject to Section 6.5).
3.17. Except as otherwise provided in the Terms and Conditions in relation to Pre Ordered Products and Personalised Product Products, all the Terms and Conditions will apply to the sale of Pre-ordered Products and Personalised Product Products on the Website.
4. Execution of contract
4.1. All information on the Website is an invitation to treat only and is not an offer by PRADA. The Customer agrees that any Order placed by the Customer is an offer to purchase the Products or Services listed in the Order on the Terms and Conditions. All Orders submitted are offers to purchase which are subject to acceptance by PRADA.
4.2. The Order placed by the Customer shall only be processed by PRADA if the Order process has been completed without any error being reported by the Website.
4.3. After the Customer has successfully placed an Order, PRADA will send an email to the Customer acknowledging that PRADA has received the Order. This email is an acknowledgment of receipt of the Order and does not mean that PRADA has accepted the Order.
4.4. The contract by and between PRADA and the Customer is concluded as soon as PRADA sends the Customer a confirmation email ("Confirmation Email") which confirms PRADA’s acceptance of the Order. The Confirmation Email will include the Order number.
4.5. The Confirmation Email will be sent to the email address provided by the Customer in the Order form.
4.6. PRADA reserves the right not to accept an Order, for any reason in its discretion without liability to the Customer. The following are examples of situations when PRADA may not accept an Order:
a) any or all of the Products or Services included in the Order are unavailable (either permanently or temporarily);
b) there is a dispute between PRADA and the Customer relating to a previous Order;
c) the Customer has previously breached the Terms and Conditions or has not fulfilled his/her obligations under the Terms and Conditions;
d) PRADA has grounds to suspect that the Customer is purchasing the Products or Services in contravention of the Terms and Conditions (for example, in order to resell the Products or Services or use them for commercial purposes);
e) the Customer has been involved in, or is suspected of being involved in, illegal or fraudulent activities;
f) PRADA has grounds to suspect that any data provided by the Customer is or may be inaccurate or untrue;
g) the Products or Services which have been ordered by the Customer are incorrectly priced (including if there was an error in the price for a Product or Service displayed on the Website) or otherwise incorrectly described;
h) the Customer’s payment method is declined;
i) the Customer has ordered quantities of an individual Product exceeding any quantity limits imposed by PRADA;
j) shipping restrictions may apply to a Product;
k) PRADA is unable to fulfil the Customer’s Order; or
l) the delivery address given by the Customer is the address of an entity or individual providing freight forwarding services.
4.7. The decision of PRADA not to accept or to cancel an Order shall be final and binding. PRADA is not required to give reasons for not accepting or for cancelling a Customer’s Order.
4.8. If PRADA does not accept an Order, PRADA shall inform the Customer within 30 days of the date of receipt of the Order. If PRADA does not accept an Order, no contract is concluded between PRADA and the Customer.
5. Price and Method of Payment
5.1. Prices displayed on the Website are in Australian Dollars (AU$) and inclusive of GST.
5.2. The total price displayed in the Shopping Bag includes shipping costs.
5.3. PRADA will obtain the Customer’s consent before charging any additional costs.
5.4. The Customer will be charged the total price displayed in the Shopping Bag immediately prior to the Customer confirming the Order by clicking the Buy Button. This amount will be charged to the Customer’s chosen payment method once the Order has been accepted by PRADA. If the acceptance is only partial due to the unavailability of some of the Products or Services ordered, the Customer shall only be charged for the price of the Products actually shipped or the Services actually performed.
5.5. PRADA reserves the right to modify prices at any time and without notice.
5.6. PRADA only accepts the credit/debit cards and other payment methods expressly indicated on the Website.
5.7. For the purposes of credit/debit card payments, the Customer confirms and warrants that he/she is the owner of, or is otherwise authorized to use, the credit/debit card used for the purchase, and that the card information entered at the time of purchase (including but not limited to the credit /debit card number, expiry date and, if applicable, the security code) is accurate.
5.8. PRADA takes no responsibility for, and is not under any duty to verify, the Customer’s ownership of or authorization to use the credit/debit card presented for payment or the accuracy of the card information entered at the time of purchase.
5.9. The Customer will only be charged after:
a) the credit/debit card information has been verified;
b) receipt of the debit authorisation from the relevant card issuing authority; and
c) PRADA has accepted the Order.
5.10. Although the final price is displayed in the Shopping Bag before the Customer clicks the Buy Button, the Customer will not be charged this amount at the time of submission of the Order.
5.11. If the Customer pays by way of another payment method (other than credit/debit card), the Customer confirms and warrants that he/she is the owner of, or otherwise authorized to use, the account used for the purchase. PRADA takes no responsibility for and is not under any duty to verify the Customer’s ownership or authorization to use such account.
5.12. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of the Customer’s card or payment method refuses to authorise payment, PRADA will not accept the Customer’s Order and PRADA will not liable for any delay or non-delivery. PRADA is not obliged to inform the Customer of the card issuer or payment method provider’s reason for refusing authorisation.
5.13. PRADA is not responsible for any charges or other amounts which may be applied by the Customer’s card issuer or bank or payment method provider as a result of PRADA’s processing of the Customer’s credit/debit card payment or other method of payment to fulfil the Customer’s Order.
5.14. If the Customer’s credit/debit card or payment method is not denominated in Australian Dollars, the final price may be charged in the currency of the Customer’s card or account. Such final price is calculated (and any additional fees charged) by the Customer’s card issuer or bank or payment method provider. PRADA shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by the Customer as a result of the Customer’s card issuer or payment method provider charging the Customer in a currency other than Australian Dollars.
5.15. PRADA will only ship the Products and perform the Services after due payment of the amount owed by the Customer.
5.16. In the event the Customer cannot be charged the amounts due for any reason whatsoever, the Order process shall be automatically terminated and the Order cancelled. PRADA will notify the Customer accordingly.
5.17. PRADA endeavours to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur (such as a typographical error or similar oversight) and Products and Services may be mispriced. If a Product’s or a Service’s correct price is lower than the price stated on the Website, PRADA will, at its discretion, decide either to accept the Order and charge the lower amount and send the Customer the Product or perform the Service, or not accept the Customer’s Order. If a Product’s or a Service’s correct price is higher than the price stated on the Website, PRADA will, before accepting the Order and at its discretion, contact the Customer and ask the Customer whether the Customer wishes to proceed with the Order at the correct (higher) price, or PRADA may decide not to accept the Order and notify the Customer accordingly. PRADA will not be obliged to accept an Order where the pricing of any Product or Service that is part of the Order is incorrect due to an error.
6.1. Except as provided otherwise below, the Products shall be delivered to the address indicated by the Customer in the Order. A signature will be required upon delivery of the Products. PRADA and its third party delivery services provider will not be responsible for verifying the identity of the person signing to accept delivery. If it is not possible to deliver the Products to the address indicated by the Customer in the Order at the time of attempted delivery (for example, because no one is available at that address to sign for the delivery), the Products may be delivered to a local exchange centre of PRADA’s third party delivery services provider for collection by the Customer. If this occurs, PRADA’s third party delivery services provider shall notify the Customer of the address where the Customer may collect the Products. If the Products are not collected within the period notified to the Customer by PRADA’s third party delivery service provider, PRADA may cancel the Order. In such case the Customer shall be informed of the cancellation and PRADA will promptly refund to the Customer any payments made for the cancelled Order.
If an Order contains one or more Pre Ordered and/or Personalised Products, Products may be delivered separately with multiple shipments as they become available. If an Order does not contain any Pre Ordered and/or Personalised Products, the Customer may have the option to have the Products delivered separately or together.
6.2. PRADA shall not process or deliver any Order addressed to a post office box or poste restante or accept any Order from a Customer who PRADA suspects may not be a natural person (for example, a company or other incorporated entity).
6.3. The Products offered for sale on the Website may only be purchased and delivered to addresses in the territory indicated above in Section 1.5. Any Order with a delivery address outside of this territory shall be automatically rejected by PRADA.
6.4. PRADA shall not be responsible for any delay in delivery or failure to deliver Products if the Customer’s delivery address as provided on the Order form is incorrect, inaccurate or incomplete.
6.5. PRADA will endeavour to deliver the Products purchased within 30 (thirty) days of the date that PRADA accepts the Order, or in respect of Pre Ordered Products or Personalised Products or any Order including a Pre Ordered Product and/or Personalised Product, on or around the estimated delivery date for any Pre Ordered Product and/or Personalised Product included in the Order shown to the Customer in the Product page description and / or in the Shopping Bag. However, if an unforeseen event that is outside the reasonable control of PRADA or its third party delivery services provider affects the delivery of the Order, then PRADA or its third party delivery services will not be liable for any loss, damage, cost or expense suffered or incurred by the Customer as a result of the delay in delivering the Order.
6.6. Any date of delivery of Products or the performance of Services provided by PRADA is an estimate only and PRADA will not be liable for any loss or damage caused if the Order is not available or delivered by that date. Similarly, any delay does not relieve the Customer from the Customer’s obligation to accept delivery of and pay for the Order.
6.7. If PRADA does not deliver the Products or perform the Services within the timeframe set out above, the Customer may request that PRADA provide a revised delivery or performance date estimate for when the Products or Services will be delivered to or performed for the Customer.
6.8. Either PRADA or the Customer may immediately terminate the Order if the Product(s) or Services ordered are not delivered by the revised delivery or performance date estimate provided by PRADA. PRADA will promptly refund to the Customer any payments made for the terminated Order.
6.9. To the maximum extent permitted by law, the Customer’s sole remedy for any failure to deliver his/her Order shall be the right to cancel or terminate the relevant Order and receive a full refund of any monies paid to PRADA in respect of that Order.
6.10. PRADA reserves the right to split an Order into multiple shipments according to availability of the Products and Services. PRADA shall inform the Customer by email if it intends to do this.
6.11. The Customer will receive an email containing a shipment tracking code and a unique link that will allow the Customer to monitor the delivery (subject to delivery status information being provided to PRADA by its third party delivery services provider).
6.12. If a Customer has any queries relating to shipment or delivery, he/she may contact PRADA's Client Service by email at: firstname.lastname@example.org.
6.13. As an alternative to having the Products delivered, the Customer may request to collect Products designated by PRADA on the Website from one of the stores designated on the Website. The Customer will have the opportunity to select a store from which to collect such designated Products at the time of purchase. If the Customer does not collect the Products within seven (7) days of the date on which PRADA sends the Customer an email confirming the Products are available for collection, PRADA may cancel the Order. In such case, the Customer shall be informed of the cancellation and PRADA will promptly refund to the Customer any payments made for the cancelled Order.
6.14. For Orders that are delivered to the Customer’s address, the Customer shall bear the risk of loss or damage to the Products from the moment that they are delivered in accordance with Section 6.1. For Orders that are delivered to a store in accordance with Section 6.13, risk of loss or damage to the Products will pass to the Customer at the time that the Products are collected by the Customer.
6.15. If the Products are damaged prior to delivery in accordance with Section 6.1 or collection from a store in accordance with Section 6.13 (as applicable), PRADA will refund the Customer any amount already paid in respect of the Products.
7. Product or Service Conformity
7.1. At the time of delivery, the Customer must check that the packaging and any seals are intact, undamaged, and not wet. The Customer must also check the Products and the provision of any Services delivered to confirm that they match the Order and that the Products do not show any manufacturing defects or otherwise fail to match the description of the Products or Services on the Website.
7.2. The Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law.
7.3. For Products:
7.3.1. the Customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage; or
7.3.2. the Customer is entitled to have the Products repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
7.4. For Services, the Customer is entitled to cancel its Order and receive a refund for any unconsumed Services if the Service has a major problem. A Service has a major problem if the service:
7.4.1. has a problem that would have stopped someone from purchasing the Service if they had known about the problem;
7.4.2. is substantially unfit for its common purpose and cannot be easily fixed within a reasonable time;
7.4.3. does not meet the specific purpose the Customer asked for and cannot be easily rectified within a reasonable time; or
7.4.4. creates an unsafe situation.
If the Customer chooses to continue with the Order, the Customer can ask PRADA to compensate the Customer for any difference in the value or the Services PRADA provided the Customer and what the Customer paid.
7.5. For Services, if the problem is not a major problem, PRADA will fix the problem within a reasonable time. If it is not fixed within this time, the Customer can choose to have someone else fix the problem and recover all reasonable costs from PRADA. If the problem cannot be fixed, PRADA views it as a major problem.
7.6. Without limiting a Customer’s rights under applicable laws, in the event of existence of manufacturing defects in the Products ordered, the Customer shall be entitled, within a period of two years from the date of delivery of the Products to request a refund or replacement or repair of the Product in accordance with the remedies in the consumer guarantee provisions of the Australian Consumer Law (as found in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("Australian Consumer Law"). PRADA acknowledges that the Australian Consumer Law may provide for remedies beyond 24 months in respect of certain Products.
7.7. To the maximum extent permitted by applicable law, PRADA disclaims and excludes all other terms, conditions and warranties in relation to the Products and Services whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
7.8. To notify PRADA of any defects in the Products or Services, Customers may contact PRADA at the addresses indicated in Section 12 below.
8. Returns and refunds - Withdrawal
8.1. Except in the case of Personalised Products which are indicated as not returnable, Customers may withdraw from the contract in respect of all or any Products ordered and request to return those Products within sixteen (16) days of the date of delivery of the Order. In the event that Products in an Order are delivered separately, the period of sixteen (16) days for a particular Product shall begin on the delivery date of that Product.
8.2. In order to exercise the right of withdrawal, Customers must follow the procedure set out in the Return Instructions enclosed with the Products ("Return Instructions").
8.3. Provided that the Customer complies with the procedure set out in the Return Instructions, the courier appointed by PRADA shall collect the parcel containing the Products to be returned at no charge to the Customer.
8.4. If, on the other hand, the Customer does not comply with the procedure set out in the Return Instructions, the return costs and any liability for loss, theft, damage or delay in the return of the Products to PRADA shall be borne by the Customer.
8.5. The Customer may request the address that the Products must be returned to by contacting PRADA at the following email address: email@example.com.
8.6. The Customer must return the Products which he/she has decided to return without undue delay and, in any case, within fourteen (14) days of the date that the Customer notifies PRADA that he/she wishes to return some or all of the Products.
8.7. Products must be returned in the same condition in which they were delivered and should be in their original packaging (unless the Customer would have been entitled to return the Product for non-compliance with a guarantee referred to in section 7.2). The Customer must ensure that the Products are undamaged and complete, never been used or worn and returned in their original packaging, equipped with all the labels, tags and security tags, correctly attached in their original positions as they were received with.
8.8. PRADA shall check the packaging, labelling and condition of each Product returned, and that the Product has been returned in a manner that meets all of the conditions and requirements set out above in Sections 8.1 to 8.7.
8.9. PRADA reserves the right to reject the return of Products that appear to have been damaged, deteriorated, stained or appear to be in a condition that indicates that they have been used for purposes other than those which are strictly necessary for the Customer to ascertain the nature and features of the Product purchased. PRADA also reserves the right to reject Products that have not been returned in a manner that meets all of the conditions and requirements set out in Sections8.1 to 8.7.
8.10. 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 the right to recover compensation for any damage attributable to the Customer.
8.11. PRADA shall refund any amounts due for the Products returned within seven (7) days of receiving the Products and verifying they are in the required condition.
8.12. The refund shall be made by crediting the amount paid by the Customer with the same payment method to the same card or account used for the purchase. PRADA is not responsible for the time required by financial institutions to process refunds.
8.13. PRADA shall confirm the refund to the Customer by email.
8.14. PRADA shall not be under any obligation to refund any delivery costs paid by the Customer in respect of the Products.
8.15. The return of Products under this Section is only permitted in respect of purchases made on the Website.
9. Limitation of liability
9.1. Subject to Section 9.3 and to the maximum extent permitted by law (and except in the event of wilful misconduct or gross negligence), PRADA shall in no way be liable to the Customer for any economic losses, loss of goodwill or reputation or other indirect or consequential loss or damages that may arise from the Customer’s purchase of the Products or Services or otherwise arising out of or in connection with the Customer’s use of or access to the Website.
9.2. Subject to Section 9.3 and to the extent maximum permitted by law, PRADA’s aggregate liability under these Terms and Conditions whether arising under contract, tort (including negligence), breach of statutory duty or otherwise in respect of a particular Product or Service shall in no event exceed 100% of the amount paid by the Customer in respect of that Product or Service.
9.3. The limitation on and exclusions of liability in Sections 9.1 and 9.2 do not apply in respect of:
a) any liability excluded under Sections 6.5 or 6.6; and
b) any liability under any of the statutory guarantees referred to in Section 7.2 to 7.6, but the limitation of liability in Section 9.4 will instead apply.
9.4. Where the Australian Consumer Law or any other applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon PRADA which cannot be excluded, restricted or modified except to a limited extent, these Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which PRADA is able to do so, PRADA’s liability in relation to non-excludable warranties, guarantees, conditions or obligations regarding Products or Services ordered through the Website will be limited to:
9.4.1. in the case of Products, at PRADA’s option:-
a) replacement of the Products or supply of equivalent goods;
b) repair of the Products;
c) payment of the cost of replacing the Products or acquiring equivalent goods; or
d) payment of the cost of having the Products repaired.; or
9.4.2. in the case of Services, at PRADA’s option:-
a) re-performance of the Services; or
b) payment of the cost of having the Services performed again.
9.5. PRADA will not be responsible for any delay or failure to perform or comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond PRADA’s reasonable control.
10. Product authenticity and intellectual property rights
10.1. PRADA warrants the authenticity of all the Products offered for sale on the Website.
10.2. The "PRADA" trade mark, as well as all the figurative and non-figurative marks and, more generally, all the other trade marks, illustrations, images and logos found on the "PRADA" products, relevant accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of PRADA or an affiliated PRADA Group Company (being a subsidiary, whether directly or indirectly held, of Prada S.p.A.) (as applicable). The reproduction, in whole or in part, modification, tampering or use of such trade marks, illustrations, images and logos, for whatever reason and on any support, is strictly forbidden.
10.3. All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website ("Content"), is either owned or licensed by PRADA (or a PRADA Group Company), and is protected by applicable copyright laws and treaties around the world. All rights in respect of the Content are reserved.
10.4. Subject to these Terms and Conditions, PRADA grants the Customer a revocable, and non-exclusive licence to access and make personal use of the Website, provided however that the Customer must not:
a) use the Website in any way which may prejudice or damage the reputation of PRADA;
b) use the Website for any commercial or business purposes. The Website is for personal, non-commercial use only; or
c) use software, robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on PRADA’s infrastructure.
10.5. PRADA may terminate the limited licence in Section 10.4 at any time in its sole discretion without prejudice to any other remedy PRADA may have against the Customer pursuant to applicable law for any reason whatsoever, including for any breach of these Terms and Conditions.
10.6. PRADA endeavours to ensure that the information posted by it on the Website is accurate and complete. PRADA does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, PRADA does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful or that the Website will not be hacked. PRADA recommends that all Customers ensure they have up to date virus checking software installed.
11.1. The Terms and Conditions are governed by the laws of New South Wales and shall be construed accordingly.
11.2. In the event of a dispute arising from the interpretation and/or application of the Terms and Conditions, the courts of New South Wales and the Commonwealth of Australia shall have exclusive jurisdiction.
11.3. The Terms and Conditions are severable. If any provision of the Terms and Conditions is found by a court to be invalid, illegal, void or unenforceable, such provision shall be deemed to be deleted from these Terms and Conditions and the other provisions of these Terms and Conditions shall remain valid and enforceable.
11.4. Data recorded on the Website concerning the Customer’s transactions and purchases of Products shall be deemed to be a complete and accurate record for all purposes.
12.1. These Terms and Conditions, including any policies or documents referred to in these Terms and Conditions, are the entire agreement and understanding between the Customer and PRADA on everything connected with the subject matter of these Terms and Conditions and supersedes any prior agreement or understanding on anything connected with that subject matter.
12.2. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
13. Contact details
13.1. To make a complaint or to get additional information or assistance in relation to the Website, these Terms and Conditions or the Order process, Customers may send an email to the following address: firstname.lastname@example.org.
13.2. PRADA may send any notices under these Terms and Conditions by email to the email address provided by the Customer. Notice is deemed to be received by the Customer when the email leaves PRADA’s computer system unless PRADA receives an automatically generated email indicating that its email was undeliverable.