GENERAL TERMS AND CONDITIONS OF SALE
1.1. All “Prada” and “Miu Miu” branded products offered on this site (the “Products” and the “Website”) are sold by Prada Brasil Importação e Comércio de Artigos de Luxo Ltda. (“PRADA”), a limited liability company organized under the laws of Brazil, with registered office at Rua Leopoldo Couto de Magalhães Júnior, 758, suite 171, Itaim Bibi, CEP 04542-000, City of São Paulo, State of São Paulo, and enrolled with the CNPJ under No 13.633.271/0001-26. PRADA’s email address is email@example.com.
1.2. The purchase of the Products and your use of the Website are governed by these General Terms and Conditions of Sale (these “Terms”) and by applicable laws as in force at the time of your purchase. Please read these Terms carefully and make sure you understand them before making any purchases. By making purchases through the Website, you will be deemed to have read, understood and agreed to these Terms. If you have any questions about these Terms, please contact us at firstname.lastname@example.org or by phone at 0800 777 7232 / 080077PRADA.
1.3. PRADA reserves the right to amend these Terms at any time without any notice to you, but any amendments will only be effective in respect of purchases made after such amendments are published online. Whenever a new version of these Terms is released, the previous version will no longer apply in relation to any purchases made after the new version is released and such previous version is removed from the Website.
1.4. You may only purchase Products through the Website if you are a natural person over the age of 18 and are acting for purposes not related to any business, commercial or professional purposes. The resale of the Products or the use of the Products for any business, commercial or professional purposes is prohibited. Products purchased through the Website may only be delivered to an address in Brazil.
1.5. You will be able to purchase Products through the Website by placing an order as provided in these Terms (the “Order”).
2. Use of the Website
2.1. You agree not to use the Website in violation of any applicable laws or in any improper manner, including making false or fraudulent purchases or attempting to force or violate servers, network infrastructure or authentication systems pertaining to the Website. Any unlawful or improper use of the Website will be reported to applicable authorities.
2.2. By using the Website, you acknowledge that information technology systems and internet connections may be prone to instabilities and similar problems, and PRADA will not be liable for any losses arising from your use of the Website, including, without limitation, losses related to any Website unavailability or failure.
3. Product Availability
3.1. The Products offered on the Website are limited in number and may not always be available. PRADA will confirm the availability of the Products in your Order at the time you place such Order. After placing your Order, you will receive an email from PRADA acknowledging that your Order has been received, which does not mean that your Order has been accepted. PRADA’s acceptance of your Order will take place as described in Section 5 below.
3.2. If all Products in your Order are unavailable, PRADA will inform you that you Order cannot be accepted. If some Products in your Order are available and others are not, your Order will be automatically modified to include only the available Products, unless you have selected, when placing your Order, the option to receive your entire Order as a whole. If you have selected the option to receive your entire Order as a whole, you will be asked by PRADA whether you want (a) to receive the available Products only or (b) to cancel your Order. If you chose to receive the available Products only, your Order will be modified accordingly. Otherwise, your Order will be cancelled.
3.3. PRADA reserves the right (a) to vary the Products sold on the Website at any time without any notice to you, (b) not to offer on the Website Products that are offered in PRADA’s physical stores, and (c) to offer on the Website Products that are not offered in PRADA’s physical stores.
4. Purchasing Process
4.1. The purchasing process as set out in this Section 4 must be fully completed so that your purchase of the Products may be effected. Failure to do so will mean that your Order cannot be placed.
4.2. Each Product offered on the Website can be viewed by following a dedicated link displaying the Product photographic images, unit price, colours and sizes (as appropriate). For Products expressly marked on the Website as “Pre Order”, “Pre Ordered Product” or “Personalized Products”, the relevant dedicated link will also show the respective estimated delivery dates as such Products are not ready to be shipped. The digital photographic images of the Products on the Website are for illustrative purposes only. Although PRADA has made every effort to display the Product colours accurately, PRADA cannot guarantee that your device will accurately reflect the colour of the Products.
4.3. You may purchase one or more Products, subject to a limit of four (4) units per type of Product, except where otherwise noted in the Website. PRADA reserves the right to vary the number of Products that can be purchased through the Website at any time without any notice to you.
4.4. The Products selected by you will be placed into a special section of the Website called “shopping bag” (the “Shopping Bag”). The Shopping Bag will contain a description of the Products, including details of any applicable measurements or sizes; and one or more digital photographic images thereof.
4.5. To view the Products you have selected for purchase and the total price of your Order, please visit the Shopping Bag section. The purchasing process allows you to check your selection of Products and amend it before placing your Order. Please take the time to read and check your Order at each stage of the purchasing process. Before confirming your Order, please carefully check your Shopping Bag. Once you have confirmed your Order, please fill in the Order form in accordance with the instructions provided on the Website.
4.6. The purchasing process is completed as soon as you press the final Order confirmation button (the “Buy Button”), thereby validating your Order, which will be directly submitted to PRADA. After pressing the Buy Button, the contents of your Order may no longer be modified (unless as specified in item 3.2 above). Before confirming your Order, you will be required to confirm that you have read, understood and agreed to these Terms. At the end of the purchasing process, you should save or print off these Terms for your records. If you have registered to log in the reserved area of the Website, you may check your Order status by logging in such area and accessing the ‘My Orders’ page.
4.8. You may have the opportunity (a) to order a selection of Products before their commercial launch or distribution and placement in the market (the “Pre Ordered Products”), and (b) to order Products which you wish to permanently personalize by adding non-removable customizations (by way of example, through hot stamping) as indicated on the Website from time to time (the “Personalized Products”). The Pre Ordered Products are clearly identified on the Website by the expressions “Pre Order” or “Pre Ordered Product”, and the Products which may be personalized are clearly identified on the Website by the expression “Personalized Products”. You acknowledge that Pre Ordered Products and Personalized Products are not readily available for general sale and may take longer than any other readily available Products to be delivered to you. Pre Ordered Products and Personalized Products will be delivered to you on or before the relevant estimated dates specified in the relevant Product page descriptions on the Website at the time you place your Order. Upon placing an Order for Pre Ordered Products or Personalized Products, you will receive a Confirmation Email (as defined in item 5.2 below). Unless otherwise expressly indicated in these Terms, the purchase of Pre Ordered Products and Personalized Products will be subject to these Terms as they are applicable to any other Products which are not Pre Ordered Products or Personalized Products.
5. Execution of Sale and Purchase Contract
5.1. Once you have pressed the Buy Button to confirm your Order, your Order will be submitted to PRADA and you will receive an email from PRADA acknowledging that you Order has been received, which email does not mean that your Order has been accepted.
5.2. PRADA’s acceptance of your Order will take place when PRADA sends you an email confirming that the Products in your Order are available (such email, the “Confirmation Email”), at which time a sale and purchase contract will come into existence between PRADA and you for all legal purposes. The Confirmation Email will be sent to the address you provide in the Order form and will set out a confirmation of the Order and a summary of the Order details, such as Product descriptions and main features, the total Order price, the address for complaints, and information on after-sale services and your right of withdrawal (for more information on your right of withdrawal, please refer to Section 9 below).
5.3. PRADA reserves the right to not accept your Order, in which case you will receive an email from PRADA, within fifteen (15) days of the date of receipt of your Order, informing that your Order has not been accepted, upon the occurrence of the following events: (a) the Products included in your Order are unavailable (notwithstanding what is applicable to Pre Ordered Products and Personalized Products); (b) there is a dispute between PRADA and you relating to a previous Order; (c) you have breached these Terms or have not fulfilled your obligations arising therefrom, including by purchasing Products in order to resell them or use them for any business, commercial or professional purposes; and/or (d) you have been involved in, or are suspected of, illegal or fraudulent activities.
6. Prices and Method of Payment
6.1. The prices from time to time shown on the Website are applicable to purchases made through the Website in accordance with these Terms and may be modified by PRADA at any time without notice to you. Price changes will not affect Orders that have already been accepted by PRADA. All prices include any relevant applicable taxes and all shipping and handling costs. The prices from time to time shown on the Website may be different from the prices displayed in PRADA’s physical stores for identical or similar Products.
6.2. PRADA endeavours every effort to ensure that the prices from time to time shown on the Website are correct. However, certain errors may occur. Should PRADA notice a price error in an Order placed by you before sending you the Confirmation Email, PRADA will inform you of the correct price, and will ask you whether you want to cancel or confirm your Order.
6.3. Payments may be made by credit card. PRADA will only accept other payment methods when expressly indicated in these Terms. If you want to make payments in cash, please contact us at email@example.com or by phone at 0800 777 7232 / 080077PRADA. PRADA only accepts the following credit cards: Visa, Mastercard, and American Express. When submitting credit card information to PRADA, you confirm and warrant that you are the owner of the relevant credit card and that all credit card information provided is accurate, such as credit card number, expiry date and, if applicable, the security code.
6.4. The prices displayed in the Shopping Bag will be charged to you when (a) PRADA confirms that the Products in your Order are available (except for Pre Order Products and Personalized Products as provided in item 4.8 above), (b) in case of payments in cash, your payment has been received, (c) in case of payments by credit card, your credit card information is verified and the company issuing your credit card receives the corresponding debit authorisation, and (d) you receive the Confirmation Email in respect of your Order. PRADA will not be liable for any losses arising from delays or problems in the processing of your credit card information by the company issuing such card.
6.5. For all Orders, including those that are comprised (a) exclusively of Pre Ordered Products and/or Personalized Products and (b) partially of Pre Ordered Products and/or Personalized Products, the total transaction amount will be charged for all Products at the time of the Confirmation Email – namely all those Products already available at the time you place your Order and any Pre Ordered Products and/or any Personalized Products not yet ready to be shipped at the time you place your Order.
6.6. The Products in an Order for which a Confirmation Email has been sent shall only be shipped after the payment of that Order has been received or authorized as provided in these Terms. If no payment is received or authorized, the sale and purchase contract between PRADA and you will be terminated and your Order will be cancelled.
7.1. The Products may only be delivered to addresses in Brazil. For security reasons, PRADA shall not process any Order addressed to a post office box or that does not allow PRADA to identify the natural person who is the recipient of the Order and the relevant address.
7.2. As soon as your Order is shipped, you will receive an email to the address indicated in your Order containing a shipment tracking number and an exclusive link that will allow you to real-time monitor the delivery of your Order. If you have any questions or problems with the shipment of your Order, you may contact us at firstname.lastname@example.org or by phone at 0800 777 7232 / 080077PRADA.
7.3. You may receive the Products in your Order separately (i.e. in multiple shipments), depending on the availability of the Products in your Order, unless you have selected the option to receive your entire Order as a whole. The Products shall be delivered to the address indicated by you in the Order, except as provided in item 7.7 below.
7.4. PRADA endeavours every effort to deliver the Products in the Order to the address indicated in the Order. However, if PRADA is not able to deliver your Order, including, without limitation, as a result of any error or missing information in the address indicated in the Order or if there is no one to receive your Order at the time of delivery after two (2) attempts on different days, your Order will be returned to one of our physical stores. PRADA will then inform you in writing thereof and will provide you with instructions on how your Products can be collected. If you do not collect your Products within thirty (30) days from the date you receive such instructions from PRADA, PRADA reserves the right to terminate the sale and purchase contract between PRADA and you, cancel your Order, and consider your Products as abandoned (in which case PRADA may give to such Products the destination that it may determine in its sole discretion).
7.5. You will be informed of the estimated delivery time of your Order during the purchasing process. PRADA endeavours every effort to make sure that you receive your Products on a timely fashion. In the event that PRADA realizes that it will not be able to deliver the Products within the estimated delivery time, PRADA will inform you in writing about the delay and will indicate the new estimated delivery time of such Products. You will have the right to cancel an Order that is delayed or reject the Products included in an Order that is late delivered. If you decide to cancel the Order or reject the Products, please contact us at email@example.com or by phone at 0800 777 7232 / 080077PRADA. PRADA will refund any amounts you have paid to PRADA for the cancelled Order or rejected Products. If the Products are delivered to you notwithstanding your cancellation of the Order, you must return the Products to PRADA following the instructions set forth in Section 9 below.
7.6. Title to and risk of loss or damage to the Products will pass to you at the time your Order is delivered or, in the circumstances described in item 7.4 above, at the time you collect the Products.
7.7. Without prejudice to the provisions in items 7.1 to 7.6 above, instead of having the Products of your Order delivered to you, you may choose to collect such Products from a PRADA physical store selected by you from a list presented to you on the Website at the time of purchase, except for Pre Ordered Products and/or Personalized Products, which cannot be collected from a PRADA physical store. If you chose to collect the Products of your Order from a PRADA physical store, you must do it personally, bearing an official identification document with picture, within thirty (30) days of your receipt of an email from PRADA informing you that your Products are available for collection from the selected PRADA physical store. If you do not collect your Products within such thirty (30) day period, PRADA reserves the right to terminate the sale and purchase contract between PRADA and you, cancel your Order, and consider your Products as abandoned (in which case PRADA may give to such Products the destination that it may determine in its sole discretion).
8. Product Non-Conformity
8.1. The sale of the Products is subject to the legal warranties provided for under applicable laws, as well as to the additional contractual warranties specified in these Terms.
8.2. In the event any Product sold to you is defective, you will be entitled to demand, in your sole discretion, the following:
(a) that the defective Product be repaired, free of charge; or
(b) if the Product cannot be repaired within thirty (30) days of your demand (unless a longer period not exceeding one-hundred and eighty (180) days is agreed between PRADA and you at the time) or the extent of the defect is such that the quality and characteristics of the defective Product will be adversely affected if it is repaired:
(b.1) a refund of the price paid for the defective Product;
(b.2) that the defective Product be replaced by a non-defective Product of the same kind, free of charge; or
(b.3) that you receive a proportional reduction in the price of the defective Product;
in each case, provided that you inform PRADA of such defect by contacting us at firstname.lastname@example.org or by phone at 0800 777 7232 / 080077PRADA, within the later of:
(1) two (2) years from the delivery date of the Product or, in the circumstances described in item 7.4 above, the date you collect the Product, which period includes any legal warranty period provided for under applicable laws (if shorter than two (2) years); or (2) ninety (90) days from the date the defect is discovered (in case of hidden defects).
8.3. The aforementioned remedies are the sole remedies afforded to you in case of defective Products and, unless otherwise required by applicable laws, PRADA will have no additional liability to you in respect of defective Products other than those set for in this Section.
9. Returns and Refunds – Withdrawal
9.1. Subject to the exception set forth in item 9.2 below and the other provisions set forth in this Section, you will have the right to withdraw from the sale and purchase contract if such right is exercised within ten (10) days of (a) the delivery date of the Products purchased or, (b) in the circumstances described in items 7.4 and 7.7 above, the date you collect such Products, which period includes any withdrawal right provided for under applicable laws (if shorter than ten (10) days). For split Orders, the relevant term will begin, for each Product delivered or collected, on the delivery date or collection date of such Product, as the case may be. After exercising the right of withdrawal, you will be required to return the Products purchased to PRADA as specified in this Section.
9.2. In consideration of the fact that the Personalized Products are permanently modified and personalized specifically for you, and that their original form cannot in any way be restored after being personalized, the right of withdrawal set forth in this Section will not apply and cannot be exercised in relation to Personalized Products, which are non-returnable, unless such Personalized Products are defective, in which case the provisions of Section 8 above will apply.
9.3. The return of Products under this Section is applicable to all Products purchased on the Website and is only permitted in respect of such Products. No returns of Products purchased on the Website will be accepted at PRADA’s physical stores even if you have chosen to collect such Products from a physical store as provided in item 7.7 above.
9.4. In order to exercise the right of withdrawal, you may use the specific form accessible in the “Returns” section of the Website or directly in the “My Account” section if you are registered on the Website. To this end, you should (a) fill in the online form with the information required, (b) apply on the parcel the sticker with the return address found therein, (c) prompt a withdrawal request to the courier appointed by PRADA by contacting DHL EXPRESS BRASIL at (11) 3618-3200, if calling from the State of São Paulo, or 0800 771 3451, if calling from other States, specifying the address, telephone number, AWB number and the selected date of collection of the parcel, such date to be confirmed with the courier, and (d) follow any other instructions given by PRADA or DHL EXPRESS BRASIL at the time to enable the return of the Products. A form with the instructions for Product returns shall be put into each parcel containing the Products purchased.
9.5. In the event you comply with the procedure set forth in item 9.4 above, the courier appointed by PRADA will collect the parcel containing the Products to be returned with no charges to you. If you do not comply with such procedure, the return costs and any liability for loss, damage or delay in the delivery will be borne by you.
9.6. You must take the necessary actions to have the Products for which you have exercised the right of withdrawal returned to PRADA without undue delay and, in any case, within ten (10) days of the date that the exercise of such right of withdrawal is notified to PRADA.
9.7. Products must be returned in the same conditions in which they were delivered. You must 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 such Product will not be accepted if the original security tag has been removed, broken or damaged. You are also informed that perfumes cannot be returned if the sealing cellophane and the original packaging have been opened, damaged, altered or removed. PRADA will 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.
9.8. PRADA reserves the right to reject the return of Products that are damaged, deteriorated, stained or appear to be in a condition that unequivocally shows that they have been used for purposes other than those necessary to ascertain the nature and features of the Product purchased. In the event the return is rejected, PRADA will inform you in writing within five (5) days of the reasons for the rejection. If the Products rejected have already been paid, PRADA will send such Products back to you and will not refund the amount paid by you. If the Products rejected have not been paid, PRADA may keep such Products and reserves the right to claim compensation for any damage attributable to you.
9.9. PRADA will process any refunds due to you in relation to the Products for which you have exercised the right of withdrawal as provided in these Terms without undue delay and in any case within ten (10) days of (a) the date on which PRADA becomes aware of the exercise by you of the right of withdrawal (in case you exercise such right before receiving or collecting the Products), or (b) the date the Products are returned to PRADA (in case you exercise the right of withdrawal after receiving or collecting the Products), provided, however, that PRADA reserves the right to withhold or delay such refund if you do not and until you take the necessary actions to have the Products returned to PRADA as required in these Terms. The aforementioned refund shall be made by the same payment method used by you when purchasing the Products. PRADA will inform you in writing when the refund is processed.
9.10. If you have any questions about your right of withdrawal, please contact us at email@example.com or by phone at 0800 777 7232 / 080077PRADA.
10. Limitation of Liability
10.1. Except where such liability has been expressly disclaimed in these Terms, PRADA’s liabilities to you for any sales made through the Website are limited to the actual damages suffered by you as a result of an action or omission directly attributable to PRADA, including any non-compliance by PRADA of the these Terms. In no event will PRADA be liable for any indirect or consequential damages, or loss of profits.
10.2. You agree not to use the Products for any commercial, business or re-sale purposes, and PRADA has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3. PRADA does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; and (c) breach of your legal rights in relation to the Products.
10.4. Subject to item 10.3 above, and to the extent permitted by applicable laws, our total liability to you in respect of all foreseeable losses arising under or in connection with the purchase of Products or the use of the Website will not exceed the total price of the Products in your Order.
10.5. To the extent permitted by applicable laws, all descriptions, information and Products mentioned in the Website are provided “as is” and we make no express representations or warranties, except for those legally requested. PRADA is legally obliged to provide you with Products that fit the description informed to you on the Website and shall be considered to have done so when (a) the products fit the description informed and the quality expected from PRADA, and (b) are apt for uses similar to those of other products of the kind.
11. Product Authenticity and Intellectual Property Rights
11.1. PRADA warrants the authenticity of all Products offered on the Website.
11.2. The trademark “Prada”, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the Products, relevant accessories and/or packaging, whether registered or not, are and will remain the 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, is strictly forbidden.
12. Disputes, Jurisdiction and Miscellaneous
12.1. These Terms, and any related sale and purchase contract, are governed by the laws of Brazil and shall be construed accordingly.
12.2. In the event of a dispute arising from the interpretation and/or application of these Terms, and any related sale and purchase contract, the courts of São Paulo will have exclusive jurisdiction.
12.3. If any provision of these Terms is determined to be invalid, illegal or unenforceable, such provisions shall be upheld to the fullest extent legally permissible and the remaining provisions shall remain in full force and effect.
12.4. These Terms and any related documents mentioned herein constitute the entire agreement between you and PRADA with regard to the subject matter hereof and supersede any prior agreements or understandings between the parties.
12.5. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, for any request for information and/or clarifications in respect of these Terms, please contact us at firstname.lastname@example.org or by phone at 0800 777 7232 / 080077PRADA.
Last updated: May 27, 2020