GENERAL TERMS AND CONDITIONS OF SALE
1.1. The sale of "Prada” branded products executed remotely through this site (hereinafter referred to as the "Website") is governed by the following General Terms and Conditions of Sale.
The products offered on the Website are sold directly by Prada Germany GmbH (hereinafter referred to as "PRADA”). PRADA is a company incorporated under German law, with registered office at Residenzstrasse 10, D-80333 München, Germany, tax code and VAT no. DE811868807, registered in the Companies' Register of Amtsgericht München number 182593.
1.2. The use of the remote sale service governed by the General Terms and Conditions of Sale hereof is exclusively reserved to consumers (hereinafter referred to individually as "Customer" or, collectively, "Customers") meaning natural persons acting for purposes predominantly not related to the business, entrepreneurial, artisanal or professional activities possibly carried out, over the age of 18 (or, if younger, but at least at the age of 16, authorised by their legal representative).
The resale or transfer of the products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.
1.3. The products offered for sale on the Website may only be delivered to an address in Germany, excluding Heligoland and Büsingen.
1.4. The languages used to execute the sale contract through the Website hereof are: German and English.
1.5. The General Terms and Conditions of Sale hereof are published on the Website for Customers’ information, storage and reproduction purposes, in compliance with the applicable laws currently into force.
1.6. The purchase of the products is exclusively governed by the General Terms and Conditions of Sale published on the Website and incorporated at the time of the relevant purchase in accordance with section 3.7 below.
PRADA reserves the right to amend the General Terms and Conditions of Sale hereof at any time.
Any amendments shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale is published.
The replacement of the General Terms and Conditions of Sale hereof with a new version automatically implies the non-applicability, ineffectiveness and non-enforceability of the former version with respect to purchases made after such previous version is removed from the Website, also in the event such General Terms and Conditions of Sale are in any way accessible and/or available to the general public through other internet websites other than the one indicated above.
2. Product availability
2.1. The Customer acknowledges that the products offered by PRADA on the Website (hereinafter referred to as the "Products") are limited in number and he/she is therefore aware that PRADA shall need to check their availability at the time of the order placement prior to the acceptance of the order.
2.2. 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 email that the order placed cannot be accepted.
In the event the order is only partially available, the Customer will be informed about that. However, the Customer agrees and accepts to receive only the Products available, unless he/she has selected on the Website the option to receive the entire order as a whole. 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.
2.3. PRADA reserves the right to vary the articles sold on the Website at any time, without any notice prior to acceptance of the order.
3. Ordering process
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the article's photographic images, unit price, colours and sizes (if applicable). For those Products expressly marked on the Website as "Pre Order” or as "Pre Ordered Product” or as "Personalized Products” being not yet ready to be shipped, the relevant dedicated link will also show the relevant estimated delivery date.
3.2. The Customer may purchase one or more Products, for a maximum of 4 units per Product, except as provided for certain types of Products. PRADA reserves the right to vary at any time the limitations to the number of Products that can be purchased through the Website.
3.3. The Products selected by the Customer shall be placed into a special section (hereinafter referred to as the "Shopping Bag").
A description of the Products, including measures or sizes (if applicable), together with one or more photographic images in digital format clearly showing the Products, shall be included in the Customer's Shopping Bag.
3.4. Although PRADA constantly takes steps to ensure that the photographs displayed on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the Customer. As a result, PRADA shall not be responsible for any possible inadequacy of the graphic representations of the Products displayed on the Website if due to the above technical reasons.
3.5. To view the Products selected and the total price of the purchase order including shipping costs, please visit the Shopping Bag page.
Before confirming the relevant order (hereafter referred to as the "Order"), the Customer is required to check the accuracy of the contents of the Shopping Bag and fill in the Order form in accordance with the instructions provided on the Website. The ordering process allows the Customer to check and amend any errors on the overview of the Shopping Bag page before submitting its Order to PRADA.
3.6. The ordering 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.
After pressing the Buy Button, the Order will be binding and the contents of the Order may no longer be modified by the Customer.
3.7 Before confirming the Order, the Customer is required to confirm that he/she has read and accepted the General Terms and Conditions of Sale hereof. At the end of the ordering process, it is advisable that the Customer save or print off the General Terms and Conditions of Sale.
3.8. The ordering process must be fully completed; failure to do so entails that the Order cannot be submitted to PRADA.
3.9. 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 into force.
3.10. Customers who have registered to log in the reserved area of the Website may check their Order status by logging in such area and accessing the ‘My Orders’ page.
3.11. 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 Order.
3.12. The Customer is aware that on the Website he/she may have also the opportunity:
- to pre-order a selection of Products before their commercial launch or distribution and placement in the market, and
- to order Products which he/she wishes to permanently personalize by adding non-removable customizations according to the modalities indicated on the Website (by way of example through hot stamping).
The Customer acknowledges that such Products are not yet available for the delivery at the time of the submitting of the relevant Order. The Products which may be pre-ordered by the Customers are clearly identified and marked on the Website through the wording "Pre Order” or "Pre Ordered Product”, and the Products which may be personalized by the Customers are clearly identified and marked on the Website through the wording "Personalized Products”.
3.13. The Customer acknowledges and agrees that if he/she pre orders a Product and/or orders a Personalized Product, the relevant price shown on the Website and displayed in the Shopping Bag section shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email, as defined in the below section 4.2, although the Pre Ordered Product and the Personalized Product are not ready to be shipped at that moment.
The Pre Ordered Product and the Personalized Product will be delivered to the Customer within the relevant estimated date specified in the Product page description.
In case the Order sent by the Customer contains also one or more Pre Ordered Products and/or Personalized Products in addition to the Products already available, all the relevant prices related to such Order shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email, even if such Pre Ordered and Personalized Products will be delivered at the relevant estimated delivery dates specified in the Product pages description.
3.14. Any further specification related to the payment, delivery and confirmation of the Pre Ordered Products and of the Personalized Products are referred below in the respective sections.
3.15. 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 sections of these General Terms and Conditions of Sale hereof will be applied also to the Pre Ordered Products and to the Personalized Products.
4. Execution of contract
4.1. Upon confirmation of the Order by pressing the Buy Button, the binding Order is submitted to PRADA for processing. After placing the binding Order, the Customer will receive without undue delay an e-mail acknowledging that PRADA has received the Order. However, this does not mean that the Order has been accepted. PRADA's acceptance of the Order and the conclusion of the contract will take place as described below in section 4.2.
The Order placed by the Customer shall only be processed by PRADA if the entire purchasing process has been duly completed, without any error being reported by the Website.
4.2. The contract by and between PRADA and the Customer is executed as soon as the Customer receives one or more confirmation email from PRADA (hereinafter referred to as the "Confirmation Email"), which will be sent without undue delay, but at the latest within 7 (seven) days from receipt of the Order.
The Confirmation Email shall be sent to the address indicated by the Customer in the order form and shall set forth the relevant confirmation and a summary of the terms and conditions of the sale, such as: the Product's description and main features, the total order price, including any shipping costs, the address for complaints, information on after-sale services, on the Customer’s right of withdrawal and its exercise as well as these General Terms and Conditions of Sale.
4.3. PRADA reserves the right to not accept the Order placed by a Customer in the following events:
a) the Products included in the Order are unavailable notwithstanding what is applicable to Pre-ordered Products;
b) there is a dispute between PRADA and the Customer relating to a previous Order;
c) the Customer breached the General Terms and Conditions of Sale on previous occasions or has not fulfilled his/her obligations arising therefrom;
d) it emerged that the Customer is purchasing the Products in order to resell them or sell them for commercial or professional purposes;
e) the Customer has been involved in, or is suspected of, illegal or fraudulent activities.
In such events, PRADA shall inform the Customer by email, within 30 (thirty) days from the date of receipt of the Order, of the cancellation of the Order received. In such case, no Order shall be deemed to have been accepted by PRADA.
4.4. 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 only be charged for the price of the Products actually purchased.
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.
5. Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website are inclusive of VAT.
5.2. The relevant prices shall be shown in Euro (EUR).
5.3. The total price displayed in the Shopping Bag includes shipping costs possibly applicable, which shall be indicated separately.
In any event, PRADA shall seek the Customer’s express consent to charge any additional cost.
5.4. The prices shown on the Website and displayed in the Shopping Bag section, upon confirmation by the Customer of the Order or the Pre Order by pressing the Buy Button, shall be charged to the Customer, provided that the Products ordered are available in that moment, except for the Order containing Pre Ordered Products and/or the Personalized Products for which the relevant amount shall be charged in advance according to the following clause 5.6, even if they are not yet ready to be shipped at that moment.
PRADA reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice. This does not apply for Orders already placed by the Customer.
5.5. PRADA only accepts credit cards and the other payment methods expressly indicated on the Website.
5.6. For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to the Customer only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by the Customer of the debit authorisation, and (iii) PRADA's confirmation that the product is available and, in any event, after the Order is ready to be processed.
Both for the Orders containing only Pre Ordered Products or Personalized Products and for the Orders containing also Pre Ordered Products and/or Personalized Products the total transaction amount will be charged for all Products – namely all those Products already available at that moment, and the Pre Ordered Products and/or the Personalized Products not yet ready to be shipped at that moment - at the moment of the Confirmation Email.
No amount will be charged at the time of submission of the Order.
5.7. For the purposes of payment through other payment service providers, the Customer confirms and warrants that he/she is the owner of the account used for the purchase.
Customers shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from PRADA.
5.8. The purchased Products shall only be shipped after due payment of the amount owed by the Customer.
In the event the Customer cannot be charged the amounts due for any reason beyond the control of PRADA, the purchase contract shall be cancelled after the fruitless expiry of a reasonable period for payment set by PRADA.
5.9. In the event one or more Products are unavailable and the Customer has decided not to fully cancel the Order, he/she shall only be charged the price of the available Products and the possible related shipping costs.
6.1. The Customer 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. This does not apply if partial delivery is unacceptable to the Customer. The Products shall be delivered to the address indicated by the Customer in the Order. The Customer's signature or the signature of an authorized person shall be requested upon delivery of the Products. PRADA will bear any additional shipping costs, if any, caused by the separate deliveries.
6.2. For security reasons, PRADA shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
6.3. The Products offered for sale on the Website may only be delivered to addresses in the countries indicated above (section 1.3). In light of the foregoing, any Order entailing delivery outside of these countries shall be automatically rejected upon processing of the Order.
6.4. In the event the Customer is subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense upon completion of the filling in of the Order and prior to pressing the Buy Button.
6.5. The term within which PRADA is required to deliver the Products purchased in the absence of indication of an agreed delivery date or estimated delivery date at the time of the conclusion of the contract, is 15 (fifteen) days of the date of execution of the contract, with the exception of events of force majeure or unforeseeable circumstances. In every case in which the relevant Order refers to Pre Ordered Products and/or the Personalized Products, the delivery date shall be longer than 15 days and PRADA shall deliver these Products at the estimated delivery dates or during the estimated delivery period agreed upon with the Customer, as shown to the Customer in the Product page description.
6.6. In the event PRADA does not deliver the Products ordered within the above term, the Customer can request that PRADA delivers such Products within an additional term adequate to the circumstances in accordance with the applicable laws currently into force.
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.
6.7. 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. PRADA may either charge the Customer for the Products as and when these are shipped or as a single payment.
6.8. As soon as the purchased Product is shipped, the Customer shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code and an exclusive link that will allow the Customer to real-time monitor the delivery.
PRADA's Customer Service shall provide the assistance required for any potential problem relating to the delivery. Customers may contact PRADA's Customer Service by email at: firstname.lastname@example.org.
6.9. 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 email informing him/her that the Product is available for collection, the sale may be cancelled by PRADA. In such case, the Customer shall be informed by email of such cancellation and shall be refunded any amounts already paid.
6.10. The Customer shall bear the risk of loss or damage to the Products from the moment in which he/she, or a third party appointed by the Customer and other than the carrier, physically takes possession of such Products.
In the event, on the other hand, the loss or damage to the Product occurs prior to the physical delivery to the Customer or a third party appointed by the Customer, PRADA shall refund the Customer any amounts already paid.
7. Product Conformity
7.1. At the time of delivery, PRADA kindly asks the Customer 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 "PRADA" Products is subject to the legal warranties provided for under the applicable laws, as well as to any additional contractual guaranties possibly provided to the Customer.
7.2. 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. PRADA is only liable for the lack of conformity of the Products if the claim for lack of conformity is raised within two (2) years from the delivery of the corresponding Product.
7.3. In order to notify the existence of product defects and lacks and to demand one of the remedies listed above, Customers may contact PRADA to the addresses indicated in section 12 below.
8. Returns and refunds - Right of withdrawal
8.1. The Customer has the following right to withdraw from the contract:
Instructions on the right of withdrawal
Right of withdrawal
The Customer has the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the last good.
To exercise the right of withdrawal, the Customer must inform PRADA (Prada S.p.A., Via Orobia no. 3, 20139 Milan, Italy, +800 800 772 32, email@example.com) of its decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The Customer may use the attached model withdrawal form, but it is not obligatory. The Customer can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on PRADA's website www.prada.com. If the Customer use this option, PRADA will communicate to the Customer an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning its exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If the Customer withdraw from this contract, PRADA shall reimburse to the Customer all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer's choice of a type of delivery other than the least expensive type of standard delivery offered by PRADA), without undue delay and in any event not later than 14 days from the day on which PRADA is informed about the Customer's decision to withdraw from this contract. PRADA will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. PRADA may withhold reimbursement until PRADA has received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.
The Customer shall send back the goods or hand them over to PRADA as communicated in the parcel documents (the address can be requested by contacting the E-commerce Client Service, Via Orobia no. 3, 20139 Milan, Italy, firstname.lastname@example.org), without undue delay and in any event not later than 14 days from the day on which the Customer communicates its withdrawal from this contract to PRADA. The deadline is met if the Customer sends back the goods before the period of 14 days has expired. The Customer will have to bear the direct cost of returning the goods. The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8.2. Without affecting any rights of the Customers set forth in section 8.1 the Customers are kindly asked to follow the following procedure when returning the Products, which is, however, not a precondition for the valid exercise of the right of withdrawal:
8.2.1. Customers may use the specific form accessible in the "Returns" section of the Website or directly in the "My Account" section if the relevant Customer is registered on the Website. The Customers are asked 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 the courier appointed by PRADA by sending an email to email@example.com with a copy to firstname.lastname@example.org, specifying the address, telephone number and the selected date of collection of the parcel, such date to be confirmed with the courier.
A form with the instructions for product returns shall be put into each parcel containing the Products purchased.
8.2.2. 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.
If, on the other hand, the Customer does not comply with such procedure, the return costs in the delivery shall be borne by the Customer as set forth in section 8.1.
8.3. 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 as delivered, that they have never been used or worn over and beyond a trying-on or a test as well as 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 by the Customer. The Customer is also informed that, based on security and hygienic-sanitary reasons, perfumes may not 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.
PRADA reserves the right to reject the return of such Products that should result to have been damaged, deteriorated, stained by the Customer 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.
In the event the return is rejected, PRADA will send a specific notice to the Customer and will consequently not proceed to credit the amount paid by the Customer, unless the Customer provides proof that PRADA has suffered no or a lower loss. Other rights for claim compensation for any damage attributable to the Customer's behaviour shall not be affected by this Section 8.3.
8.4. The return of Products under this section is only permitted in respect of purchases made on the Website.
8.5. In consideration of the fact that the Personalized Products are products permanently modified, and personalized specifically for the Customer, and that their original manufacture cannot in any way be restored, the right of withdrawal cannot be exercised by the Customer in relation to any Personalized Products. Accordingly, the provisions contained in this Section 8 will not apply to the Personalized Product, being understood that the exclusion of the Personalized Products from the right of withdrawal will not affect the application of the legal guarantees, provided for in the above Section 7, also to such Products.
9. Limitation of liability
9.1. PRADA’s liability for damages caused by slight negligence is limited to damages arising from the breach of material contractual obligations, the fulfilment of which is prerequisite to the proper execution of the agreement and in the observance of which the Customer regularly trusts and is entitled to trust; in this case, however, liability shall be limited to the typically foreseeable damage.
9.2. The aforementioned limitations of liability shall apply to all claims for damages irrespective of their legal basis, with the exception of damage claims filed by the Customer (i) for intent, (ii)pursuant to the German Product Liability Act, (iii) for defects fraudulently concealed, (iv) for defects which are covered by a guarantee that was given regarding the quality of a product (in this context, where applicable, the guarantee and/or limitation period laid down in the guarantee shall apply), (v) for death, damage to body or health, or (vi) for gross negligence.
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" trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the "PRADA" products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of the PRADA Group. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
11. Governing law
11.1. General Terms and Conditions of Sale hereof are governed by German law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the Customer applicable in the country of habitual residence of the Customer.
11.2. In the event of a dispute arising from the interpretation and/or application of the General Terms and Conditions of Sale hereof, the court of the place where the Customer is domiciled or resident shall have exclusive and mandatory jurisdiction.
Alternatively, the Customer may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr.
12. Contact details
12.1. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale hereof, Customers may send an email to the following address: email@example.com or contact the E-commerce Client Service, Via Orobia no. 3, 20139 Milan, Italy, or may call our international toll-free number 00800 800 PRADA - 00800 800 77232.
Last updated: January 25th, 2019
Attachment to the Terms: PRADA withdrawal form
To PRADA S.p.A., c/o PRADA’s Customer Service, with address at Via Orobia no. 3, 20139 Milan, Italy.
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following goods (*)/the provision of the following services (*) ordered via the Platform, with the following references:
Ordered on (*)/Received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if on paper)
(*) delete as appropriate.
PRADA reminds the Customer that he/she can withdraw from the contract without any expenses by using the on-line form accessible in the "Returns" section of the PRADA’s website.