TERMS AND CONDITIONS OF USE
USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.
Welcome to the https://www.prada.com/cn/en.html website (the “Website”).
The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). Before you navigate, register or make any purchases on this Website, please ensure that you have carefully read and understood these Terms and Conditions of Use, in particular, the disclaimer, applicable law and jurisdiction clauses. Disclaimer clauses will be underlined in bold and you should pay more attention to these clauses.
By navigating or registering to this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and the relevant general terms and conditions of sale when you make an online purchase on this Website. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately.
This Website is operated by PRADA Fashion Commerce (Shanghai) Co., Ltd. a Chinese corporation having its principal place of business at Rooms 4109 & 4110, 41/F, Plaza 66 Office Tower Two, No.1366 Nanjing Xi Road, Jing An District, Shanghai, PRC, together with its parent company Prada S.p.A, with registered office in Via Antonio Fogazzaro 28, 20135 Milan, Italy (hereinafter both referred as “PRADA”, and collectively with its subsidiaries and affiliates the “Prada Group”).
The products offered on the Website are sold directly by PRADA Fashion Commerce (Shanghai) Co., Ltd..
PRADA reserves the right to amend the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such amendments implies full acceptance of the Terms and Conditions of Use in their amended version.
1. Intellectual property rights
This Website as a whole and all material on this Website, together with the “Prada” trademark, are owned and registered by the Prada Group.
All trademarks and logos, whether or not they are registered or displayed on the Website, including but not limited to the “Prada” trademark and all the other related distinctive marks reproduced on the Website are and will remain the exclusive property of the Prada Group. Such trademarks and signs may not be used in connection with any product or service that does not originate from the Prada Group, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the “PRADA” name or the “Prada” trademark or products bearing the “Prada” trademark. You acknowledge and agree that this Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, data, software, HTML codes and screens contained therein and the like (hereinafter collectively “Content”), is owned by or licensed to PRADA and is subject to protection by international intellectual property laws, including, but not limited to, rights of the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world. All materials contained in this Website, except for the “e-store” section, are displayed for information or promotional purposes only. Use of the Website is permitted for your own personal use and not for commercial purposes.Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any Content contained therein.
No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.
In no event shall PRADA or any other Prada Group company be liable (on whatever basis, either contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming, even if PRADA has been advised of the possibility of such damages) arising out of:
(a) your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through the Website,
(b) any transaction concluded through or from the Website,
(c) your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through the Website,
(d) the deletion, correction, damage, loss or failure to store any information concerning or transmitted on the Website,
(e) the use of any products or services obtained on or through the Website ,
(f) unauthorized access to the Website and unauthorized alteration to transmissions or data ,
(g) statements or conduct of any third party on the Website, or
(h) any other matter relating to the Website.
Any reference to any product or service which has been or may be provided by PRADA or any other company authorized by PRADA for this purpose does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time with notice.
PRADA reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently. You agree that PRADA shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
You agree that any and all proposals, designs, concepts, photographs, testimonials, and other items or material (except for your personal information) disclosed or submitted to PRADA through this Website or by other means (hereinafter "Submissions") are neither confidential nor proprietary to you. All Submissions become PRADA's property upon Submission to PRADA. By making a Submission to PRADA, you assign to PRADA all rights, title and interests, including copyrights, in the Submission. PRADA has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission.
You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that PRADA has the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
Cookies are used in the Website to ensure that it functions efficiently and to improve our service, including by the sending of online advertising messages in accordance with user preferences. Cookies are small text files sent to the terminal you use to access to the Internet (usually to the user’s browser) by visited websites. They are stored in the user’s computer or device to be recognized by those websites on the user’s subsequent visits.
Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Website.
(a) Other Prada Group companies;
(b) Companies, consultants and professionals providing assistance and/or consulting, or performing related services that are instrumental to data processing (e.g. service providers, freight forwarders, IT maintenance technicians, etc...).
Your Personal Data shall not under any circumstances be disseminated to unknown persons.
You may at any moment exercise your rights pursuant to applicable laws on personal data protection including the right to obtain confirmation about the existence of your personal data at the Data Controller, and to know their source and to obtain their integration, updating, rectification, cancellation, anonymization, blocking for law infringement or to object to their processing on legitimate grounds, as well as revoke your consent to processing by writing to: firstname.lastname@example.org.
6. Links to other Websites
The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. PRADA has no responsibility for those websites and provides these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies that may use our logo and/or style as a result of a co-branding agreement. Such websites may send their own cookies to you and may collect information and use the same in a way that is inconsistent with these Terms and Conditions of Use. Furthermore, PRADA cannot control these websites and external sources. Hence, PRADA cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, PRADA cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.
The transmission of data over the Internet cannot ever be guaranteed to be completely secure. It is possible that third parties beyond the control of PRADA may be able to access or intercept transmissions of private communications without PRADA’s permission or knowledge, and without any bona fide or lawful purpose. PRADA makes every possible effort to fulfil its basic obligations in accordance with the law, however, PRADA cannot ensure or warrant the security of any information you transmit to us. Data is transmitted at your own risk and PRADA cannot be held liable for any breach of security is not directly attributable to negligence on the part of PRADA, especially for breach of contract for the following reasons:
(1) Force majeure factors including, but not limited to, natural disasters, strikes, riots, wars, government actions, and judicial administrative orders;
(2) Public service factors including, but not limited to, power supply failures, communication network failures, or third-party factors;
(3) In the case that PRADA has managed in good faith, due to routine or emergency equipment and system maintenance, equipment and system failure, network information and data security and other factors.
8. Acceptance of Terms and Conditions of Use
By navigating this Website, you represent and warrant that (a) you accept these Terms and Conditions of Use; (b) your use of the Website will comply with these Terms and Conditions of Use.
You agree to indemnify and hold PRADA harmless from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Website by you.
9. Applicable law and jurisdiction
You agree that by accessing this Website you accept the jurisdiction of the People’s Republic of China (excluding Hong Kong, Macau and Taiwan) (“PRC”). These Terms and Conditions of Use shall be governed by and construed in accordance with PRC laws.
Unless otherwise provided by law, in the event of a dispute arising from or relating to the interpretation and/or application of the Terms and Conditions of Use, the competent court in the district where PRADA’s office, namely Jing An District Court in Shanghai is located shall have exclusive jurisdiction. It is also understood that, with respect to the correct interpretation of these Terms and Conditions of Use, the Chinese text shall be deemed the binding version.
The Terms and Conditions are severable. If any provision of the General Terms and Conditions is judged to be invalid or unenforceable, such provision shall be deemed as deleted and others shall remain valid and enforceable.
Last updated on: May, 2020