1. Introduction
1.1. The sale of “Miu Miu” branded products (hereinafter referred to as the “Products”) through the website www.miumiu.com/cn (hereinafter referred to as the “Website") is governed by the following General Terms and Conditions of Sale, as amended from time to time (hereinafter referred to as the “Terms and Conditions”).
1.2. The Products offered on the Website are sold directly by PRADA Fashion Commerce (Shanghai) Co., Ltd. (hereinafter referred to as “PRADA” or “We”). PRADA is a company incorporated under the laws of the People’s Republic of China, with registered office at Rooms 4109 & 4110, 41/F, Plaza 66 Office Tower Two, No.1366 Nanjing Xi Road, Jing’an District, Shanghai, PRC.
1.3. The sale of Products through the Website is restricted to consumers as defined by PRADA (hereinafter referred to individually as "Customer" or, collectively, "Customers") meaning natural persons whose purchases are not related to entrepreneurial, or commercial purpose, and over the age of 18 years (or, if younger, they should obtain the knowledge and permission of their guardian). And they agree to accept the Terms and Conditions (The guardian is the Customer under the Terms and Conditions).
1.4. The resale or transfer of the Products purchased on the Website for any business, entrepreneurial or commercial purpose whatsoever is expressly prohibited under the Terms and Conditions.
1.5. The Products offered for sale on the Website may only be purchased if delivered to an address in the People’s Republic of China (for the purposes of these Terms and Conditions only, excluding Hong Kong SAR, Macau SAR and Taiwan region). Purchases out of this range are not supported.
1.6. The languages used to enter into sale contracts through the Website are Chinese or English. The Chinese and English versions of such sale contracts shall be equally valid, however, in the event of any discrepancy, the Chinese version shall prevail.
1.7. The Terms and Conditions are published on the Website for Customers’ reference and record keeping.
1.8. The purchase of the Products 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 and/or version replacements shall take effect immediately upon posting on the Website and be effective in respect of purchases made after the date the amended of the Terms and Conditions.
1.11. If PRADA modifies or replaces the Terms and Conditions, any prior version will not apply to any purchases from the time the modified or replaced version takes effect.
2. Product availability
2.1. The Customer acknowledges that the Products offered by PRADA on the Website are limited in quantity and the Customer is therefore aware that PRADA shall need to check their availability at the time of the purchase.
2.2. Occasionally certain Products may be unavailable. In such circumstances, PRADA shall inform the Customer promptly by SMS, email or other means. PRADA reserves the right to cancel the order (see clauses 4.5 and 6.5 for details). PRADA does not make any promises or warranties regarding the availability of the Products.
2.3. PRADA reserves the right to vary the Products offered for sale on the Website at any time, without any notice.
3. Purchasing process
3.1. Customers may view any Product offered for sale on the Website by following a dedicated link displaying the Product’s photographic images, unit price, colors, sizes (if applicable) and, as well as the estimated delivery date for the non-stock Products expressly marked as “Pre-Order” “Pre-Ordered Product” or “Customized” on the Website (Please refer to the actual contents displayed on the linked page for details, and subject to clause 6.5).
3.2. Unless otherwise specified and indicated, in order to ensure that PRADA is able to provide better service and availability of the Product to its Customers, PRADA will limit the number of units that each Customer may purchase up to a maximum of 4 units per Product, including the purchase of different sizes of the same product. Furthermore, PRADA reserves the right to vary the limitations to the number of Products that can be purchased through the Website at any time.
3.3. The Products selected for purchase by the Customer shall be placed into the "Shopping Bag" section of the Website (hereinafter referred to as the "Shopping Bag"). However, PRADA makes no commitment with respect to items in the Shopping Bag, i.e., items in the Shopping Bag are not reserved and may be purchased by other Customers.
3.4. A description of the Products, including quantities, color or sizes (if applicable), together with photographic images and other information showing the Products, shall be included in the Customer's Shopping Bag, subject to the actual content displayed on the pages of this Website shall prevail.
3.5. Although PRADA has taken reasonable steps to ensure that the pictures displayed on the Website accurately reflect the original condition and appearance of the Products as much as possible, there still may be some discrepancies due to the technical characteristics and color resolution of the device used by the Customer. The pictures are for the Customer’s reference only. And PRADA shall not be responsible for any possible inadequacy of the graphic representations of the Products displayed on the Website. Further, any measurements of the Products given are approximate only, and colors, fabrics and designs of the Products displayed on the Website, and the Products delivered to the Customer, may vary in minor respects.
3.6. The Customer may visit the Shopping Bag page to view the Products selected and the total price of the proposed purchase order.
3.7. 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 on the Website.
3.8. Before confirming the Order and completing payment, the Customer should read the terms and conditions, including these Terms and Conditions, carefully. If the Customer does not accept the terms and conditions including these Terms and Conditions, please do not continue to purchase and pay. Once the Customer has ticked the "I have read and agree" button and clicked on the "Pay Now" button to complete the payment, the Order process is completed and the Order will be submitted directly to PRADA.
3.9. After payment has been completed, the contents of the Order may no longer be modified or changed by the Customer. But the Customer may cancel the Order before PRADA sends the confirmation message referred to in clause 4.2.
3.10. After completing the payment process for the Order, the Customer is advised to save or print the Terms and Conditions on their own for future reference.
3.11. If the Customer does not complete the payment after submitting the Order, the Order will not be submitted to PRADA for further processing. Unless the Customer submits the Order and completes the payment, the Order cannot be submitted to PRADA.
3.12. The Customer agrees and understands that PRADA may collect, use, store and process the Customer’s personal information in accordance with PRADA’s Privacy Policy published on the Website. For more details, please refer to PRADA’s Privacy Policy published on the Website.
3.13. Customers may check their Order status by accessing the Order inquiring and tracking page of the Website. Customers can also contact Miu Miu Customer Service Centre if needed.
Note: Customers will still need to contact Miu Miu Customer Service Representatives to check the Order status of the Products if their Order is submitted via Miu Miu Customer Service Representatives.
3.14. The Customer is responsible for the accuracy, completeness and truthfulness of any information entered on the Website or otherwise provided to PRADA at the time of the purchase. In the event that PRADA is unable to perform or complete the Order due to untrue, inaccurate or incomplete information provided by the Customer, or if the Customer provides the information of a third party to PRADA without its consent, or the delivery service provider cannot contact the recipient, or the recipient refuses to accept the Product, or the delivery service provider cannot successfully deliver the product based on the information provided by Customers and other reasons, the Customer shall be solely responsible for all adverse consequences and losses incurred thereby, and PRADA shall be entitled to cancel the Order in accordance with clause 4.4 without any liability. Furthermore, if PRADA fails to return the Products to the Customer after the completion of after-sales services due to the aforementioned reasons, the Customer shall be liable for all adverse consequences and losses arising therefrom, including the damage or loss of the Products.
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 clearly defined and marked on the Website as “Pre Order” or “Pre Ordered Product” and other similar descriptions. The Customer understands and accepts that, at the time of placing the Order, the Products will not be delivered immediately and the estimated delivery time is based on the time shown on the Product page or the further notification by PRADA (subject to clause 6.5).
The Customer may also have the opportunity to order on the Website a selection of Products which can be customized by the Customer in the manner described on the Website. These Products are clearly defined and marked on the Website as “Customized”. The Customer understands and accepts that such Customized Products could not be available for immediate delivery at the time of placing the Order and that the estimated delivery time is based on the time shown on the Product page or the further notification by PRADA (subject to clause 6.5).
3.16. The Customer agrees that if he/she orders a Pre Ordered Product or Customized Product, the relevant price shall be charged in advance to the Customer, although this kind of Product is not available for delivery at that moment.
Subject to these Terms and Conditions, and in particular subject to clause 6.5, if any Order placed by the Customer relates to one or more Pre Ordered Products or Customized Products in addition to Products currently available for delivery, PRADA reserves the right, at PRADA's option, to deliver the products in the order individually or in conjunction with the order, unless the Customer contacts PRADA otherwise.
3.17. Except as otherwise specified and indicated, all the Terms and Conditions will apply to the sale of Pre Ordered Products and Customized Products on the Website.
4. Formation of contract and confirmation of order
4.1. The Customer should carefully confirm the information of the Products to be purchased before submitting the Order, including but not limited to the color, price, size, Product details, delivery and return policy, etc. If there are any doubts about the Product information and the submission of the Order, the Customer may refer to these Terms and Conditions further or contact PRADA directly. The Customer shall ensure that all information submitted for the Order has been carefully checked and that any input errors of the relevant information have been corrected prior to the submission of the Order. The Customer understands that due to the instability of the Internet environment (e.g. due to uncertainties or contingencies such as power failures, equipment malfunctions, certain loopholes or logical errors left during the software development process), there may be reporting errors on the Website at the time of order submission. Therefore the contract is established only after the Customer has successfully submitted the Order and completed the entire payment process.
Once the contract has been established, the Order will be submitted to PRADA for further processing and confirmation. PRADA may notify the Customer by SMS, e-mail or other ways that PRADA has received the Customer's Order and starts to commence processing, but such notification does not mean that PRADA has confirmed the Order. Due to the instantaneous and concurrent nature of Orders in the Internet environment, the Customer agrees that both the Customer and PRADA have the right to unilaterally cancel the Order until further confirmation of PRADA, and that if the Customer wishes to cancel the Order after PRADA has confirmed the Order, it must be done by mutual agreement with PRADA or in accordance with PRADA's return policy (see clause 8 of the Terms and Conditions). In addition, due to system design and technical limitations, the Customer's Order cannot be modified once it has been submitted, and if the Customer wishes to change or modify the Order information, the Customer shall cancel the Order in accordance with the rules set forth in this clause and resubmit it, or contact PRADA for negotiation.
4.2. Only when PRADA sends a confirmation of the Order to the Customer with an Order number via SMS, e-mail or other means (hereinafter referred to as the "Confirmation Message "), it shall be deemed that PRADA has duly confirmed the Customer Order. Customers can also check the status of their Order through the relevant Order inquiring and tracking page on the Website, and contact the Miu Miu Customer Service Centre for assistance if needed.
4.3. Further, as provided in clause 4.1, prior to PRADA's confirmation of the Customer's order, PRADA may, at its sole discretion, not confirm the Customer’s Order for any reason whatsoever, thereby cancelling the corresponding Order. The Customer understands and agrees that PRADA shall not be liable to the Customer in this case.
The decision of PRADA as to its non-confirmation or cancellation of any Order shall be binding on the Customer.
In the event of non-confirmation of any Order, PRADA expects to inform the Customer by SMS, e-mail or other means within 30 days of the date of receipt of the Order. However, the aforementioned delivery date is only an estimate, and the aforementioned notice may be delayed accordingly based on the specific delivery condition of Products for Pre-Ordered or Customized Products.
The payment will be refunded to the Customer in its original payment path when an Order is not confirmed by PRADA. If part of the Order is not confirmed (e.g. due to out-of-stock), the Customer will only be charged for the price of the Products that PRADA confirmed.
4.4. Even though the contract has been established, if any of the situations listed below occurs, the Customer agrees that PRADA can cancel the Order by sending a termination notification to the Customer via SMS, e-mail or other means (hereinafter referred to as the "Termination Message "). In this case, PRADA shall not be liable to the Customer:
a) PRADA and the Customer agree to cancel the order through negotiation;
b) a dispute exists or has arisen between PRADA and the Customer in which the liability is claimed by the Customer;
c) the Customer is in or has been in breach, circumvention or non-performance of the Terms and Conditions herein or any other terms, conditions, policies or rules of the Website, or is otherwise in breach of the principle of fairness and good faith;
d) PRADA has reason to suspect that the Customer is purchasing the Product for any purpose other than daily consumption, such as for distribution or resale, or for use in a corporate or business purpose;
e) the Customer is involved in or is suspected of being involved in illegal or fraudulent activities;
f) PRADA has reason to suspect that any information provided by the Customer is to be untrue, inaccurate or incomplete, or there is a mismatch, inaccuracy or mistake in the information provided by the Customer for the delivery and purchase of the Product, or the Customer provides the information of the recipient without the latter’s consent, or the delivery service provider cannot contact the recipient, or the recipient refuses to accept the Product, or the delivery service provider cannot successfully deliver the product based on the information provided by Customers and other reasons, resulting in the fact that PRADA is unable to fulfil or complete the Order.
g) the Customer places a large Order for one or more Products that are shipped to the same Customer or delivery address, or the Customer purchases an amount of Products which exceeds any of the quantitative limits set by PRADA;
h) PRADA has difficulty obtaining payment or payment authorization from the Customer;
i) the Product may be subject to the restriction of transportation;
j) the Customer has used or is suspected to have used actions or manners that disrupt or disturb the order of the Website operations and system security in the course of purchasing the Product;
k) the information about Products displayed on the Website is obviously false, obviously unfair or contains other material misunderstanding, such as incorrect pricing of Products;
l) the Order cannot be fulfilled or delivered due to force majeure or other circumstances beyond the control of PRADA; or
m) an Order can be cancelled by PRADA in any other law, regulation or these Terms and Conditions.
The above mentioned actions or manners that disrupt or disturb the order of the Website operations and system security generally refer to the acts or manners including, without limitation, using scalping software or other similar tools, repeatedly purchasing or snap purchase Products, or system disruption, cyber attack, bulk registration, registering an account with a machine or using a machine to simulate a client.
After the Order is cancelled, if the Customer has paid the purchase price but the purchased Product is not shipped, the Customer will receive a refund of the payment in respect of the corresponding Product of which the Order has been cancelled in time. If the purchased Product is shipped, the Customer can apply for returns and refunds in accordance with clause 8 of these Terms and Conditions., and the customer will also receive a refund of the payment in respect of the corresponding Products of which the Order has been cancelled in time if it is in accordance with the provisions of clause 8. If the situation listed in b)-m) of this clause occurs, and causes PRADA to suffer losses, PRADA may require the Customer to compensate such losses accordingly.
4.5. In addition, in the event that the Products in the Order are actually out of stock after the establishment of the contract, PRADA will contact the Customer as soon as possible regarding the out-of-stock to inform the Customer of the change in the delivery time, and the Customer understands that the delivery time will be delayed accordingly until the arrival of the Products or the Order is cancelled. In such a case, the Customer may choose to continue to wait for the arrival of the Products or to communicate with PRADA regarding other possible alternatives, such as the replacement of the out-of-stock Products in the Order with other Products, in which case the Customer agrees to waive any liability for breach of contract or compensation for the delay in delivery. In the event that the delay in delivery is unacceptable to the Customer and no alternative is reached, PRADA reserves the right to cancel the Order and the amount of the cancelled Order will be returned to the Customer in the original payment path, without any liability on the part of the Customer.
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 Renminbi (RMB).
5.3. The total price shown on the "Shopping Bag" checkout page includes shipping costs.
In any cases, PRADA shall obtain the Customer’s express consent before imposing any additional charges.
5.4. The Customer will pay the total price shown on the checkout page following the payment guide after clicking on the button to confirm the final Order (or the purchase button). PRADA reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice, subject to applicable laws. Unless otherwise provided for in the Terms and Conditions, the Products shall be subject to the price shown on the checkout page when the Order is successfully submitted.
5.5. Customers can pay via Alipay, WeChat Pay or other payment methods available on the Website from time to time.
5.6. If a credit/debit card is accepted for payment on this Website, the Customer confirms and warrants that he/she is the owner of, or has been authorized by the owner to use, the credit/debit card used for the purchase, and the accuracy of all the relevant information entered at the time of purchase, including but not limited to: credit/debit card number, expiry date and, if applicable, the security code.
PRADA is not responsible for verifying that the Customer is a credit/debit card owner or has been duly authorized to use the card, nor for verifying the accuracy of the information entered at the time of purchase.
5.7. If the Customer makes payment otherwise than by credit/debit card (e.g. Alipay, WeChat Pay, etc.), the Customer confirms and warrants that he/she is the legitimate owner of, or has been legally authorized by, the owner of the payment account such as Alipay account or WeChat account.
PRADA is not responsible for verifying whether the Customer is the owner of the payment account or has obtained legal authorisation for use from the owner of the payment account.
5.8. The Customer warrants that he/she is well aware of the risks associated with online payments. The Customer shall safeguard his/her account information on the Website, bank account information and any electronic payment account information in order to protect against loss. If the Customer logs in to the Website, the Customer shall safely log out. Any adverse consequences caused by the Customer's violation of this clause shall be borne by the Customer and, if PRADA suffers any losses therefore, PRADA reserves the right to demand compensation from the Customer.
5.9. All credit/debit cardholders and payment account holders are required to submit to verification checks and obtain authorisation by the card issuer or payment service provider. If a Customer’s card issuer or payment service provider refuses to authorise payment, PRADA will not be able to confirm the Customer’s Order. In this case, PRADA shall not be liable for any delay or non-delivery, nor will PRADA be obliged to inform the Customer of the reason for the refusal.
5.10. PRADA is not responsible for any charges or other amounts which may be applied by the Customer’s card issuer or payment service provider as a result of PRADA’s processing of the Customer’s credit/debit card payment or other method of payment in accordance with the Customer’s Order.
5.11. If the Customer’s credit/debit card or other payment method is not denominated in the currency shown on the Website at the time of the Order, the final price may be charged in the actual currency of the Customer’s credit/debit card or other payment method. Such final price (and any additional fees charged) will be calculated and collected by the Customer’s card issuer or payment service provider. Therefore, PRADA shall not be responsible for any costs, expenses, charges or other liabilities 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 different from the currency shown at the time of the Customer’s purchase as displayed on the Website.
5.12. The purchased Products shall only be shipped after the full amount due has been duly paid for and the Order is confirmed by PRADA.
In the event the Customer fails to pay the respective amounts due for any reason whatsoever, the Order process shall be automatically terminated and the Order cancelled.
5.13. PRADA endeavours to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur (due to system instability or a failure to upload correct information or other similar operational mistakes) and the Products may be mispriced. In the event that the price of the Products is manifestly incorrect, the Customer understands and agrees that PRADA shall have the right to contact him/her to ask if he/she is willing to purchase the Products at the correct price, or choose to cancel the Order and notify the Customer directly in accordance with clause 4.4 of the Terms and Conditions. In no event shall PRADA be under any obligation to sell the Products to Customers at an incorrect price.
6. Delivery
6.1. The Products shall be delivered to the address indicated by the Customer in the Order. Signature is required upon delivery of the Products (the time of signature shall be the delivery time of the Products), but PRADA and its third-party delivery service provider shall not be responsible for verifying the identity of the person signing for delivery. If the Products fail to be signed for due to various reasons, such as the information provided by the Customer being untrue, inaccurate or incomplete, or the Customer providing the information of a third party to PRADA without its consent and consequently the delivery service provider not being able to contact the receiver or the receiver refusing to accept the Product, or the delivery service provider not being able to successfully deliver the Product according to the information provided by the Customer, the Customer shall take the initiative to contact PRADA to resolve the situation. In the event that PRADA’s delivery service provider is unable to deliver the Products to the address as indicated by the Customer in the Order within five (5) days of the first delivery attempt, PRADA reserves the right to cancel the Order according to clause 4.4 and will notify the Customer without undue delay (subject to clause 3.14). In such event, PRADA shall refund the price of the cancelled Products to the Customer, and PRADA shall not be responsible to take any liability.
6.2. PRADA will not process Orders addressed to a post office box or to a freight forwarder's address, nor will it accept Orders from a Customer who PRADA suspects is not a natural person. In such cases PRADA reserves the right to cancel the Order at any time according to clause 4.4 and will inform the Customer without undue delay (subject to clause 3.14). The price for the Products in the cancelled Order will be refunded to the Customer, for which PRADA will not be under any liability.
6.3. The Products offered for sale on the Website may only be purchased and delivered to addresses in the territory indicated in these Terms and Conditions(see clause 1.5). In light of the foregoing, any Order entailing delivery outside of this territory shall be automatically rejected upon processing of the Order.
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 or incomplete, and the Customer shall be solely responsible for any losses arising therefrom.
6.5. PRADA shall arrange the delivery of Products as soon as possible after confirmation of the Customer’s Order, unless otherwise specified in these Terms and Conditions or an event of force majeure occurs. However, any time stated with respect to delivery of Products is PRADA’s best estimate under normal conditions and is not an indication that PRADA undertakes to deliver the Products in full accordance with such estimated delivery times. The Customer understands and agrees that PRADA shall not be liable for any loss or damage suffered by the Customer as a result of any reasonable or unavoidable delays.
Further, should PRADA fail to deliver the ordered Products within the scheduled delivery time, it will inform the Customer as soon as possible about the change in delivery time and the Customer understands that the delivery time will then be delayed accordingly until the Products become available or until the Order is cancelled. In such an event, the Customer then has the option either to continue to wait for the Product to become available or to discuss feasible alternatives with PRADA (e.g. replacement of the unavailable items in the Order with other Products, etc.). PRADA reserves the right to cancel the Order in case the aforementioned delays are unacceptable to the Customer and the parties cannot agree on an alternative solution, and PRADA has no liability to the Customer. Under this clause, the Customer agrees to waive any claim for breach of contract or liability for late delivery by PRADA.
6.6. PRADA reserves the right to split an order into multiple shipments, according to the availability of the Products. In this case, PRADA shall inform the Customer by SMS, email or other means.
6.7. When the purchased Product is shipped, PRADA shall send a message to the Customer by SMS, email or other means. The message shall contain a shipment tracking code.
6.8. Alternatively to delivery via a delivery service provider, the Customer may request to collect the Products designated by PRADA directly from a store which may be selected on the Website at the time of the purchase. In the event the Customer does not collect the Products within seven (7) days after PRADA has notified the Customer of the availability of the Products for collection by SMS, email or other means, the Customer agrees that the Order may be cancelled by PRADA in accordance with clause 4.4. In such case, the Customer shall be informed of the Order cancellation and will be refunded any amounts already paid, without any liability on the part of PRADA.
6.9. The Customer shall bear the risk of loss or damage to the Products from the moment that the delivery of the Products is completed in accordance with clause 6.1.
In addition, in the event that the Products are not successfully delivered for reasons attributable to the Customer (including, but not limited to, the reasons set forth in clause 4.4(f)), the Customer shall bear the risk of loss or damage to the Products from the date of the initial unsuccessful delivery, regardless of whether or not PRADA chooses to hold the Products in temporary storage for the Customer thereafter.
In the event, on the other hand, the loss or damage to the Products occurs prior to delivery in accordance with clause 6.1, the Customer agrees that PRADA shall cancel the Order in accordance with clause 4.4 and refund to the Customer any amounts already paid.
7. Product conformity
7.1. At the time of delivery, the Customer must carefully check the Products delivered, their packaging and any seals to ensure that they are undamaged and free from moisture, and to read the accompanying Chinese labels, tags, and instructions (if any), etc., in order to confirm that the Products delivered are consistent with the Products ordered and that they are free from any manufacturing defects or other inconsistencies with the description given at the time of purchase by the Customer. In the event of any problems, the Customer shall contact the Miu Miu Customer Service Centre or apply for a return in accordance with clause 8. Customers are required to keep the original documents and invoices (if any) as proof of purchase of Products or services.
7.2. Unless otherwise provided by applicable laws and regulations, in the event of manufacturing defects in the Products purchased, the Customer shall be entitled, within a period of two (2) years from the date of delivery of the Products to request that the Product be repaired, or replaced (excluding fragrances, cosmetics, beach wear, underwear and Customized Products and other Products for which PRADA has stated that no repairs can be carried out), provided that the Customer shall notify PRADA within a period of two (2) months from the date of discovering the manufacturing defects of the Product. PRADA reserves the right to determine, at its discretion, whether or not the Products are repairable in the light of their actual use, wear and tear.
7.3. In order to report Product defects and to demand one of the remedies listed above, Customers may contact PRADA as indicated in clause 12 below.
8. Returns and refunds
8.1. The Customer has the right to return the Products within seven (7) days from the date of signing for the delivery of the Products (excluding beach wear, underwear, Customized Products, Products that are likely to affect personal safety or health after opening, Products that are not suitable for return based on its nature and other Products as otherwise specified by PRADA ), provided that the Products to be returned shall meet the conditions for return as stated in clause 8.2 and 8.5, otherwise PRADA reserves the right to refuse the return. If the Customer intends to return the Products before receiving them, PRADA reserves the right to determine whether the Customer can return the Products immediately based on the actual delivery status of the Products purchased by the Customer.
8.2. In order to return the Products, Customers must follow the procedures and requirements sent out on the Return Information Form enclosed with the Products.
8.3. In the event the Customer complies with the procedure set forth in the preceding paragraph, the delivery service provider 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 and any liability for loss, theft, damage or delay in the delivery shall be borne by the Customer.
8.4. In any case, the Customer undertakes to return the Products within 7 (seven) days from the date of notification to PRADA of the return of the Products.
8.5. Products must be returned in good saleable condition in their original packaging (such as packaging box, cotton bag, etc.), with all relevant sales documents, accessories, instructions, labels, tags, gifts (if any), paper invoices (if any), certificates (if any), etc. The Products and the aforementioned accessories should be free from any form of wear and tear, loss or damage; fragrances and cosmetics must be returned in their original packaging, in particular the mouth sealants and plastic wrap, etc. (if any) covering the fragrance cases and cosmetics cases must be sealed.
PRADA shall check the condition of each Product returned, to ensure that they are in good condition and eligible for return.
PRADA reserves the right to reject the return of such Products that do not meet the aforementioned conditions for return as stated in clause 8.2 and this clause, or 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 for those verifications by the Customer strictly necessary to ascertain the nature and features of the Product purchased.
In the event that PRADA rejects the return, PRADA shall send a specific notice to the Customer and shall consequently not proceed to credit the amount paid by the Customer, reserving as well the right to recover compensation for any damage attributable to the Customer.
8.6. Unless otherwise provided in these Terms and Conditions or as otherwise confirmed by both parties, if the Product returned by the Customer is in good condition and meets the requirement for return, PRADA shall refund the corresponding amounts of the Products returned within 7 (seven) days from the date on which PRADA receives the Products returned by the Customer The exact time of payment shall be subject to the Customer’s original payment channel. However, in any event, PRADA reserves the right to withhold the refund until receipt and verification of the Product returned in good condition.
8.7. PRADA shall not be under the obligation to refund any delivery costs of the Products in the event the Customer has selected a delivery method other than the standard delivery offered by PRADA.
8.8. The return of Products under this section is only permitted in respect of purchases made on the Website.
9. Limitation of liability
9.1. Except in the event of willful misconduct or gross negligence, PRADA shall in no way be liable to the Customer for any losses, loss of goodwill or reputation that may arise from the purchase of the Products offered for sale on the Website or otherwise arising out of or in connection with the Website.
9.2. Except as otherwise provided by law or as otherwise set out in these Terms and Conditions, the aggregate liability of PRADA under these Terms and Conditions whether arising under contract, tort (including negligence) or otherwise shall in no event exceed the price of the relevant Products the Customer has ordered from PRADA.
9.3. PRADA will not be held 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 trademark “Miu Miu”, “缪缪” etc., as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, texts, designs, 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 the PRADA Group. The reproduction, in whole or in part, modification, tampering or use of such PRADA Group’s intellectual property, for whatever reason and on any support, are strictly forbidden.
10.3. All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, software, and any combination thereof) available on the Website (the "Content"), is either owned or licensed by PRADA (or the PRADA Group), and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
10.4. Subject to these Terms and Conditions, PRADA grants the Customer a revocable, non-exclusive and limited licence to access and make personal use of the Website, but it does not include the right to:
(a) use the Website in any way which may damage the reputation of PRADA;
(b) use the Website for any commercial or business purposes. The Website is for Customers’ personal, non-commercial use only;
(c) use software, robots, web spiders, web crawlers, RPA or similar data gathering and extraction tools to collect data and information on this Website, or take any other action that may impose an unreasonable burden or load on PRADA’s network infrastructure.
(d) mirror, clone this Website or, without any authorisation, copy, access, or use data from this Website.
10.5. To the extent permitted by law, PRADA may terminate the limited licence set forth in this clause at any time and for any reason in its sole discretion, without prejudice to any other remedies PRADA may have against the Customer pursuant to applicable law.
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 users of the Internet ensure they have up to date virus checking software installed.
11. Disputes
11.1. The Terms and Conditions are governed by the laws of the People’s Republic of China (for the purposes of these Terms and Conditions only, excluding Hong Kong SAR, Macau SAR and Taiwan region) and shall be construed accordingly.
11.2. Customer and PRADA irrevocably agree that, any dispute arising from or in connection with this Terms and Conditions or Customer’s purchase of Products on this Website shall be submitted to Shanghai International Economic and Trade Arbitration Commission/Shanghai International Arbitration Center for arbitration. The arbitral award is final and binding upon both parties.
11.3. The Terms and Conditions are severable. If any clause of the Terms and Conditions is judged to be invalid or unenforceable, such clause shall be deemed as deleted and others shall remain valid and applicable.
11.4. Data recorded on the Website concerning the Customer’s orders and transactions relating to Products shall be deemed to be a complete and accurate record.
12. Contact us
12.1. If the Customer requires any further information about the Website, these Terms and Conditions of Sale or the Products, or for any assistance or complaint relating to the Website or to the purchasing process, etc., the Customer may call +400 606 1993, or resort to the live chat support on the Website, or send an email to the following address: client.service.china@miumiu.com to contact the Miu Miu Customer Service Centre.