GENERAL TERMS AND CONDITIONS OF SALE

1. Introduction

 

1.1. The sale of “Miu Miu” branded products (“Products”) in Hong Kong through the website https://www.miumiu.com (“Website”) is governed by the following Terms and Conditions of Sale, as amended from time to time (“Terms and Conditions”).

 

1.2. The Products are sold directly by PRADA Asia Pacific Limited, company number 623905 (“PRADA”). PRADA is a company incorporated under the laws of Hong Kong with registered office at Rooms 3601-3606, 3609-10, 36/F., Gloucester Tower, The Landmark, 11 Pedder Street, Central, Hong Kong.

 

1.3. The sale of Products through the Website is restricted to consumers (hereinafter referred to individually as "Customer" or, collectively, "Customers") meaning natural persons acting for purposes that are not related to business, commercial, entrepreneurial, artisanal or professional activities. Customers must be over the age of 18 years and capable of concluding a legally binding contract. If a person is under 18 years of age and wishes to place an Order, the person must obtain the consent and agreement of his or her parent or guardian to the Terms and Conditions. The parent or guardian will be the Customer for the purposes of the Terms and Conditions.

 

1.4. The resale or transfer of the Products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.

 

1.5. The Products offered for sale on the Website may only be purchased if to be delivered to a physical address in Hong Kong (excluding P.O. Boxes, poste restante or freight forwarder addresses).

 

1.6. The languages used to execute sale contracts through the Website are: English, or Chinese. The English and Chinese versions of such sale contracts shall be equally valid, however, in the event of any discrepancy, the English version shall prevail.

 

1.7. The Terms and Conditions are published on the Website for Customers’ information and record-keeping purposes.

 

1.8. The purchase of the Products is exclusively governed by the Terms and Conditions published on the Website and in force at the time of the relevant purchase.

 

1.9. PRADA reserves the right to amend and/or replace the Terms and Conditions at any time.

 

1.10. Any amendments to and/or replacement of the Terms and Conditions shall only be effective in respect of purchases of Products made after the date that the amended or new version of the Terms and Conditions is published and is stated to take effect.

 

1.11. If PRADA amends or replaces the Terms and Conditions, any previous version of the Terms and Conditions will not apply to any purchases made after the amended or replaced Terms and Conditions come into effect.

 

2. Product availability

 

2.1. The Customer acknowledges that the Products are limited in quantity and he/she is therefore aware that PRADA needs to check the availability of Products at the time an Order is placed.

 

2.2. Occasionally, certain Products may become unavailable. In such circumstances, PRADA will inform the Customer promptly (and in any case within the deadlines specified below) by email that the order placed by the Customer (“Order”) has been cancelled. All Orders placed by Customers are subject to acceptance by PRADA in accordance with section 4. PRADA gives no undertaking as to the availability of the Products.
In the event the Products ordered by the Customer are only partially available:-

 

(i) If the Customer has selected to receive multiple shipments as Products become available while placing the Order, PRADA will inform the Customer the Products which are unavailable and accept the Order in respect of the Products which are available.

(ii) If the Customer has selected to receive only the entire Order as a whole while placing the Order, PRADA will ask the Customer whether he/she wishes PRADA to accept the Order in respect of the Products which are available or wishes to cancel the Order. If PRADA does not receive the Customer’s reply within 72 hours, PRADA will cancel the Order.

(iii) If the two options above are not offered to the Customer while placing the Order, PRADA will contact the Customer and ask him/her whether he/she wishes PRADA to accept the Order in respect of the Products which are available or wishes to cancel the Order. If PRADA does not receive the Customer’s reply within 72 hours, PRADA will accept the Order in respect of the Products which are available.

 

2.3. PRADA reserves the right to vary the Products offered for sale on the Website at any time without prior notice.

 

3. Purchasing process

 

3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the Product details, including images, unit pricing, colours, sizes (as applicable), and, for those Products expressly marked on the Website as “Pre Order”, “Pre Ordered Product” or “Personalised Product”, being not yet available for delivery, the estimated date which the Pre Ordered Products or Personalised Products shall be delivered (subject to Clause 6.5).

 

3.2. The Customer may purchase one or more Products, up to a maximum of 4 units per Product, except as otherwise provided. PRADA reserves the right to vary these limitations at its discretion at any time.

 

3.3. The Products selected for purchase by the Customer shall be placed into the Customer’s ‘shopping bag’ section of the Website ("Shopping Bag"). Items placed in a Customer’s Shopping Bag are not reserved for that individual Customer and may still be purchased by other Customers.

 

3.4. A description of the Products, including measurements or sizes (if applicable), together with one or more images of the Product will be displayed in the Customer's Shopping Bag.

 

3.5. Although PRADA takes reasonable steps to ensure that the photographs displayed on the Website accurately reflect the original Products, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the Customer. PRADA shall not be responsible for inadequacy of the graphic representations of the Products displayed on the Website. Any measurements of the Products given are approximate only, and colours, fabrics and designs of the Products displayed, and the Products delivered to the Customer, may vary in minor respects.

 

3.6. To view the Products selected and the total price of any proposed Order, the Customer may visit the Shopping Bag page.

 

3.7. Before confirming the relevant Order, the Customer must check the accuracy of the contents of the Shopping Bag and complete the Order form in accordance with the instructions provided on the Website.

 

3.8. The Order process is completed as soon as the Customer clicks the relevant final Order confirmation button ("Buy Button"), thereby confirming his/her Order, which will be submitted to PRADA.

 

3.9. After clicking the Buy Button, the Customer will not be able to modify the contents of the Order but may cancel the Order prior to the sending by PRADA of the Confirmation Email referred to in Clause 4.4, by notifying PRADA’s Client Service at client.service.apac@miumiu.com, unless his/her Order relates to one or more Personalised Products indicated as not returnable or Pre Ordered Product.

 

3.10. Before clicking the Buy Button, the Customer must confirm that he/she has read and accepted the Terms and Conditions. At the end of the Order process, the Customer should save or print the Terms and Conditions for future reference.

 

3.11. If the Order process is not completed, the Order will not be submitted to PRADA for processing.

 

3.12. 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 details on the manner in which PRADA uses cookies, the type of information PRADA collects, how and for what purposes, PRADA uses the Customer’s personal information and under what circumstances PRADA discloses information, please see PRADA’s Privacy Policy and Cookie Policy published on the Website.

 

3.13. Customers who have registered for an account on the Website may check their Order status by logging on to their account on the Website and accessing the ‘My Orders’ page.

 

3.14. The Customer must ensure that any data entered on the Website or otherwise provided to PRADA in relation to a purchase is accurate, complete and up-to-date.

 

3.15. The Customer may have the opportunity to pre-order on the Website a selection of Products before their commercial launch or distribution and placement in the market. These Products are clearly defined and marked on the Website as “Pre Order” or “Pre Ordered Product”. The Customer acknowledges that such Pre Ordered Products are not yet available for delivery at the time of placing his/her Order.
The Customer may also have the opportunity to order on the Website a selection of Products which can be personalised by the Customer in the manner described on the Website. These Products are clearly defined and marked on the Website as “Personalised Products”. The Customer acknowledges that such Personalised Products may not be available for immediate delivery at the time of placing his/her Order.
The Customer acknowledges and agrees that if any Order placed by the Customer relates to one or more Pre Ordered Product or Personalised Product, the total price for all Products he/she has ordered as shown on the Website and displayed in the Shopping Bag section shall be charged in advance to the Customer, although the Pre Ordered Product or Personalised Product may not be available for delivery at that moment.
Subject to Clause 6.5, the Pre Ordered Product or Personalised Product will be delivered to the Customer on or around the estimated date specified in the Product page description and/or in the Shopping Bag section.
If any Order placed by the Customer relates to one or more Pre Ordered Products or Personalised Products in addition to Products currently available for delivery (“Mixed Order”), Products may be delivered separately as they become available (subject to Clause 6.5).

 

3.16. Except as otherwise provided in the Terms and Conditions in relation to Pre Ordered Products and Personalised Products, all the Terms and Conditions will apply to the sale of Pre-ordered Products and Personalised Products on the Website.

 

4. Execution of contract

 

4.1. All information on the Website is an invitation to treat only and is not an offer by PRADA. The Customer agrees that any Order placed by the Customer is an offer to purchase the Products listed in the Order on the Terms and Conditions. All Orders submitted are offers to purchase which are subject to acceptance by PRADA.

 

4.2. The Order placed by the Customer shall only be processed by PRADA if the Order process has been completed without any error being reported by the Website.

 

4.3. After the Customer has successfully placed an Order, PRADA will send an email to the Customer acknowledging that PRADA has received the Order. This email is an acknowledgment of receipt of the Order and does not mean that PRADA has accepted the Order.

 

4.4. The contract by and between PRADA and the Customer is concluded as soon as PRADA sends the Customer a confirmation email ("Confirmation Email") which confirms PRADA’s acceptance of the Order. The Confirmation Email will include the Order number.

 

4.5. The Confirmation Email will be sent to the email address provided by the Customer in the Order form.

 

4.6. PRADA reserves the right not to accept an Order, for any reason in its discretion without liability to the Customer. The following are examples of situations when PRADA may not accept an Order:

 

a) any or all of the Products included in the Order are unavailable (either permanently or temporarily, except in the case of Pre Ordered Products and Personalised Products);

b) there is a dispute between PRADA and the Customer relating to a previous Order;

c) the Customer has previously breached the Terms and Conditions or has not fulfilled his/her obligations under the Terms and Conditions;

d) PRADA has grounds to suspect that the Customer is purchasing the Products in contravention of the Terms and Conditions (for example, in order to resell them or use them for commercial purposes);

e) the Customer has been involved in, or is suspected of being involved in, illegal or fraudulent activities;

f) PRADA has grounds to suspect that any data provided by the Customer is or may be inaccurate or untrue;

g) the Products which have been ordered by the Customer are incorrectly priced (including if there was an error in the price for a Product displayed on the Website) or otherwise incorrectly described;

h) the Customer’s payment method is declined;

i) the Customer has ordered quantities of an individual Product exceeding any quantity limits imposed by PRADA;

j) shipping restrictions may apply to a Product;

k) PRADA is unable to fulfil the Customer’s Order; or

l) the delivery address given by the Customer is the address of an entity or individual providing freight forwarding services.

 

4.7. The decision of PRADA not to accept or to cancel an Order shall be final and binding. PRADA is not required to give reasons for not accepting a Customer’s Order.

 

4.8. If PRADA does not accept an Order, PRADA shall inform the Customer within 30 days of the date of receipt of the Order. If PRADA does not accept an Order, no contract is concluded between PRADA and the Customer.

 

5. Price and Method of Payment

 

5.1. Prices displayed on the Website are in Hong Kong Dollars (HKD).

 

5.2. The total price displayed in the Shopping Bag includes shipping costs.

 

5.3. PRADA will obtain the Customer’s consent before charging any additional costs.

 

5.4. The Customer will be charged the total price displayed in the Shopping Bag immediately prior to the Customer confirming the Order by clicking the Buy Button. This amount will be charged to the Customer’s chosen payment method once the Order has been accepted by PRADA. If the acceptance is only partial due to the unavailability of some of the Products ordered, the Customer shall only be charged for the price of the Products actually shipped.

 

5.5. PRADA reserves the right to modify prices at any time and without notice.

 

5.6. PRADA only accepts the credit cards and other payment methods expressly indicated on the Website.

 

5.7. For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of, or is otherwise authorized to use, the credit card used for the purchase, and that the card information entered at the time of purchase (including but not limited to the credit card number, expiry date and, if applicable, the security code) is accurate.

 

5.8. PRADA takes no responsibility for, and is not under any duty to verify, the Customer’s ownership of or authorization to use the credit card presented for payment or the accuracy of the card information entered at the time of purchase.

 

5.9. The Customer will only be charged after:

 

a) the credit card information has been verified;

b) receipt of the debit authorisation from the relevant card issuing authority; and

c) PRADA has accepted the Order.

 

5.10. Although the final price is displayed in the Shopping Bag before the Customer clicks the Buy Button, the Customer will not be charged this amount at the time of submission of the Order.

 

5.11. If the Customer pays by way of another payment method (other than credit card), the Customer confirms and warrants that he/she is the owner of, or is otherwise authorized to use, the account used for the purchase. PRADA takes no responsibility for and is not under any duty to verify the Customer’s ownership or authorization to use such account.

 

5.12. All credit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of the Customer’s card or payment method refuses to authorise payment, PRADA will not accept the Customer’s Order and PRADA will not liable for any delay or non-delivery. PRADA is not obliged to inform the Customer of the card issuer or payment method provider’s reason for refusing authorisation.

 

5.13. PRADA is not responsible for any charges or other amounts which may be applied by the Customer’s card issuer or bank or payment method provider as a result of PRADA’s processing of the Customer’s credit card payment or other method of payment to fulfil the Customer’s Order.

 

5.14. If the Customer’s credit card or payment method is not denominated in the currency of the Customer’s purchase indicated on the Website, the final price may be charged in the currency of the Customer’s card or account. Such final price is calculated (and any additional fees charged) by the Customer’s card issuer or bank or payment method provider. PRADA shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by the Customer as a result of the Customer’s card issuer or payment method provider charging the Customer in a different currency other than the currency of the Customer’s purchase as displayed on the Website.

 

5.15. PRADA will only ship the Products after due payment of the amount owed by the Customer.

 

5.16. In the event the Customer cannot be charged the amounts due for any reason whatsoever, the Order process shall be automatically terminated and the Order cancelled. PRADA will notify the Customer accordingly.

 

5.17. PRADA endeavours to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur (such as a typographical error or similar oversight) and Products may be mispriced. If a Product’s correct price is different from the price stated on the Website, PRADA will contact the Customer and ask the Customer whether the Customer wishes to cancel the Order and place a new Order at the correct price, and/or not accept the Customer’s Order. PRADA will not be obliged to accept an Order where the pricing of any Product that is part of the Order is incorrect due to an error.

 

6. Delivery

 

6.1. Except as provided otherwise below, the Products shall be delivered to the address indicated by the Customer in the Order. A signature will be required upon delivery of the Products. PRADA and its third party delivery services provider will not be responsible for verifying the identity of the person signing to accept delivery. If it is not possible to deliver the Products to the address indicated by the Customer in the Order at the time of attempted delivery, with the consent of the Customer, the Products may be delivered to a security guard, doorman, concierge or person who appears to perform a similar function in the building where the Customer’s address is located for collection by the Customer.
If an Order contains one or more Pre Ordered and/or Personalised Products, Products may be delivered separately with multiple shipments as they become available. If an Order does not contain any Pre Ordered and/or Personalised Products, the Customer may have the option to have the Products delivered separately or together.

 

6.2. PRADA shall not process or deliver any Order addressed to a post office box or accept any Order from a Customer who PRADA suspects may not be a natural person (for example, a company or other incorporated entity).

 

6.3. The Products offered for sale on the Website may only be purchased and delivered to addresses in the territory indicated above in section 1.5. Any Order with a delivery address outside of this territory shall be automatically rejected by PRADA.

 

6.4. PRADA shall not be responsible for any delay in delivery or failure to deliver Products if the Customer’s delivery address as provided on the Order form is incorrect, inaccurate or incomplete.

 

6.5. PRADA will endeavour to deliver the Products purchased within 30 (thirty) days of the date that PRADA accepts the Order, or in respect of Pre Ordered Products or Personalised Products or any Order including a Pre Ordered Product and/or Personalised Product, on or around the estimated delivery date for any Pre Ordered Product and/or Personalised Product included in the Order shown to the Customer in the Product page description and / or in the Shopping Bag. However, if an unforeseen event that is outside the reasonable control of PRADA or its third party delivery services provider affects the delivery of the Order, then PRADA or its third party delivery services will not be liable for any loss, damage, cost or expense suffered or incurred by the Customer as a result of the delay in delivering the Order.

 

6.6. Any date of delivery provided by PRADA is an estimate only and PRADA will not be liable for any loss or damage caused if the Order is not available or delivered by that date. Similarly, any delay does not relieve the Customer from the Customer’s obligation to accept delivery of and pay for the Order.

 

6.7. If PRADA does not deliver the Products within the timeframe set out above, the Customer may request that PRADA provide a revised delivery date estimate for when the Products will be delivered to the Customer.

 

6.8. Either PRADA or the Customer may immediately terminate the Order if the Product(s) ordered are not delivered by the revised delivery date estimate provided by PRADA. PRADA will promptly refund to the Customer any payments made for the terminated Order.

 

6.9. The Customer’s sole remedy for any failure to deliver his/her Order shall be the right to cancel or terminate the relevant Order and receive a full refund of any monies paid to PRADA in respect of that Order.

 

6.10. PRADA reserves the right to split an Order into multiple shipments according to availability of the Products. PRADA shall inform the Customer by email if it intends to do this.

 

6.11 The Customer will receive an email containing a shipment tracking code and a unique link that will allow the Customer to monitor the delivery (subject to delivery status information being provided to PRADA by its third party delivery services provider).

 

6.12 If a Customer has any queries relating to shipment or delivery, he/she may contact PRADA's Client Service by email at: client.service.apac@miumiu.com.

 

6.13 As an alternative to having the Products delivered, the Customer may request to collect Products designated by Prada from designated stores. The Customer will have the opportunity to select a store from which to collect at the time of purchase. If the Customer does not collect the Products within seven (7) days of the date on which PRADA sends the Customer an email confirming the Products are available for collection, PRADA may cancel the Order. In such case, the Customer shall be informed of the cancellation and PRADA will promptly refund to the Customer any payments made for the cancelled Order.

 

6.14 For Orders that are delivered to the Customer’s address, the Customer shall bear the risk of loss or damage to the Products from the moment that they are delivered in accordance with section

 

6.1. For Orders that are delivered to a store in accordance with section 6.13, risk of loss or damage to the Products will pass to the Customer at the time that the Products are collected by the Customer.

 

6.15 If the Products are damaged prior to delivery in accordance with section 6.1 or collection from a store in accordance with section 6.13 (as applicable), PRADA will refund the Customer any amount already paid.

 

7. Product Conformity

 

7.1. At the time of delivery, the Customer must check that the packaging and any seals are intact, undamaged, and not wet. The Customer must also check the Products delivered to confirm that they match the Order and that the Products do not show any manufacturing defects or otherwise fail to match the description on the Website.

 

7.2. In the event of existence of manufacturing defects in the Products ordered through the Website excluding fragrances and beachwear, the Customer shall be entitled, within a period of two years from the date of delivery of the Products to request a refund or replacement or repair of the Product (at PRADA’s option).

 

7.3. To the maximum extent permitted by applicable law, PRADA disclaims and excludes all other terms, conditions and warranties in relation to the Products and services whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

 

7.4. To notify PRADA of any defects in the Products, Customers may contact PRADA at the addresses indicated in section 13 below.

 

8. Returns and refunds - Withdrawal

 

8.1. Except in the case of Personalised Products indicated not returnable, Customers may withdraw from the contract in respect of all or any Products ordered and request to return those Products within seven (7) days of the date of delivery of the Order. In the event that Products in an Order are delivered separately, the period of seven (7) days for a particular Product shall begin on the delivery date of that Product.

 

8.2. In order to exercise the right of withdrawal, Customers must follow the procedure set out in the Return Instructions enclosed with the Products.

 

8.3. Provided that the Customer complies with the procedure set out in the Return Instructions, the courier appointed by PRADA shall collect the parcel containing the Products to be returned at no charge to the Customer.

 

8.4. If, on the other hand, the Customer does not comply with the procedure set out in the Return Instructions, the return costs and any liability for loss, theft, damage or delay in the return of the Products to PRADA shall be borne by the Customer.

 

8.5. The Customer may request the address that the Products must be returned to by contacting PRADA at the following email address: client.service.apac@miumiu.com.

 

8.6. The Customer must return the Products which he/she has decided to return without undue delay and, in any case, within seven (7) days of the date that the Customer notifies PRADA that he/she wishes to return some or all of the Products.

 

8.7. Products must be returned in the same condition in which they were delivered and should be in their original packaging. Fragrance must be unopened and in its original packaging. The Customer must ensure that the Products are undamaged and complete, never been used or worn and returned in their original packaging, equipped with all the labels, tags and security tags, correctly attached in their original positions as they were received with.

 

8.8. PRADA shall check the packaging, labelling and condition of each Product returned, and that the Product has been returned in a manner that meets all of the conditions and requirements set out above.

 

8.9. PRADA reserves the right to reject the return of Products that appear to have been damaged, deteriorated, stained or appear to be in a condition that indicates that they have been used for purposes other than those which are strictly necessary for the Customer to ascertain the nature and features of the Product purchased.

 

8.10. In the event the return is rejected, PRADA shall send a specific notice to the Customer and shall consequently not proceed to credit the amount paid by the Customer, reserving the right to recover compensation for any damage attributable to the Customer.

 

8.11. PRADA shall refund any amounts due for the Products returned within seven (7) days of receiving the Products and verifying they are in the required condition.

 

8.12. The refund shall be made by crediting the amount paid by the Customer with the same payment method to the same card or account used for the purchase. PRADA is not responsible for the time required by financial institutions to process refunds.

 

8.13. PRADA shall confirm the refund to the Customer by email.

 

8.14. PRADA shall not be under any obligation to refund any delivery costs paid by the Customer in respect of the Products.

 

8.15. The return of Products under this section is only permitted in respect of purchases made on the Website.

 

9. Limitation of liability

 

9.1. Except in the event of wilful misconduct or gross negligence, PRADA shall in no way be liable to the Customer for any economic losses, loss of goodwill or reputation or other indirect or consequential loss or damages that may arise from the Customer’s purchase of the Products offered for sale on the Website or otherwise arising out of or in connection with the Customer’s use of or access to the Website.

 

9.2. Subject to section 6.6 and 9.1 , PRADA’s aggregate liability under these Terms and Conditions whether arising under contract, tort (including negligence), breach of statutory duty or otherwise in respect of a particular Product shall in no event exceed 100% of the amount paid by the Customer in respect of that Product.

 

9.3. PRADA will not be responsible for any delay or failure to perform or comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond PRADA’s reasonable control.

 

10. Product authenticity and intellectual property rights

 

10.1. PRADA warrants the authenticity of all the Products offered for sale on the Website.

 

10.2. The "Miu Miu" trade mark, as well as all the figurative and non-figurative marks and, more generally, all the other trade marks, illustrations, images and logos found on the "Miu Miu" products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of PRADA or an affiliated PRADA Group company (being a subsidiary whether directly or indirectly held, of Prada S.p.A.) (as applicable). The reproduction, in whole or in part, modification, tampering or use of such trade marks, illustrations, images and logos, for whatever reason and on any support, is strictly forbidden.

 

10.3. All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website ("Content"), is either owned or licensed by PRADA (or a PRADA Group Company), and is protected by applicable copyright laws and treaties around the world. All rights in respect of the Content are reserved.

 

10.4. Subject to these Terms and Conditions, PRADA grants the Customer a revocable, and non- exclusive licence to access and make personal use of the Website, provided however that the Customer must not:

 

a) use the Website in any way which may prejudice or damage the reputation of PRADA;

b) use the Website for any commercial or business purposes. The Website is for personal, non- commercial use only; or

c) use software, robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on PRADA’s infrastructure.

 

10.5. PRADA may terminate the limited licence in this section at any time in its sole discretion without prejudice to any other remedy PRADA may have against the Customer pursuant to applicable law for any reason whatsoever, including for any breach of these Terms and Conditions.

 

10.6. PRADA endeavours to ensure that the information posted by it on the Website is accurate and complete. PRADA does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, PRADA does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful or that the Website will not be hacked. PRADA recommends that all Customers ensure they have up to date virus checking software installed.

 

11. Disputes

 

11.1. The Terms and Conditions are governed by the laws of Hong Kong and shall be construed accordingly.

 

11.2. In the event of a dispute arising from the interpretation and/or application of the Terms and Conditions, the courts of Hong Kong shall have exclusive jurisdiction.

 

11.3. The Terms and Conditions are severable. If any provision of the Terms and Conditions is found by a court to be invalid, illegal, void or unenforceable, such provision shall be deemed to be deleted from these Terms and Conditions and the other provisions of these Terms and Conditions shall remain valid and enforceable.

 

11.4. Data recorded on the Website concerning the Customer’s transactions and purchases of Products shall be deemed to be a complete and accurate record for all purposes.

 

12. General

 

12.1. These Terms and Conditions, including any policies or documents referred to in these Terms and Conditions, are the entire agreement and understanding between the Customer and PRADA on everything connected with the subject matter of these Terms and Conditions and supersedes any prior agreement or understanding on anything connected with that subject matter.

 

12.2. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

 

13. Contact details

 

13.1. To make a complaint or to get additional information or assistance in relation to the Website, these Terms and Conditions or the Order process, Customers may send an email to the following address: client.service.apac@miumiu.com.

 

13.2. PRADA may send any notices under these Terms and Conditions by email to the email address provided by the Customer. Notice is deemed to be received by the Customer when the email leaves PRADA’s computer system.

TERMS AND CONDITIONS FOR OMNICHANNEL SALES

 

1. Overview

 

1.1. Any sale of products bearing the Prada Group trademarks (the “Products” or the “Product”) concluded by means of distance sale, including sales subject to Customer approval, shall be governed by these Terms and Conditions for Omnichannel Sales.
The Products are sold directly by PRADA Asia Pacific Limited, company number 21322467, a company incorporated under the laws of Hong Kong with registered office at 8th Floor, One Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong (hereinafter referred to as the “Company”).
The Company’s details shall be specified in the Purchase Offers, as well as in the delivery note or receipt issued by the sales outlet and in the Confirmation of Sale as defined below.
These Terms and Conditions for Omnichannel Sales contain important information on the rights and obligations of consumers, as well as the limitations and exclusions applicable to them, and govern the distance sale between the Company and the consumer.

 

1.2. The use of the distance sale service governed by these Terms and Conditions for Omnichannel Sales is reserved exclusively for consumers (“Customers” or “Customer”) understood as natural persons acting for purposes that are not primarily related to business, commercial, entrepreneurial, artisanal or professional activities.  Customers must be over the age of 18 years and capable of concluding a legally binding contract.  If a person is under 18 years of age and wishes to make a purchase, the person must obtain the consent and agreement of his or her parent or guardian to the Terms and Conditions for Omnichannel Sales.  The parent or guardian will be the Customer for the purposes of the Terms and Conditions for Omnichannel Sales.
The resale or transfer for any commercial or professional purposes of the purchased Products is expressly prohibited.

 

1.3. The Products may only be delivered in the country or territory hosting the registered office of the Company in which the sales outlet or the commercial structure that manages the relevant sales process is based. The Customer is invited to contact the Client Service to verify whether the Company may also deliver in other countries or territories.

 

1.4. The languages used for the conclusion of the distance sale contract are: English or Chinese. The English and Chinese versions of such sale contracts shall be equally valid, however, in the event of any discrepancy, the English version shall prevail.

 

1.5. These Terms and Conditions for Omnichannel Sales are made available to the Customer to allow him/her to know, store and reproduce them in accordance with the regulations in force.

 

1.6. The contract of sale relating to the Products is governed exclusively by the Terms and Conditions for Omnichannel Sales in force at the time the Company sends the Purchase Offer or Purchase Offer Subject to Approval (as each of those terms are defined below), as applicable.

 

1.7. “Distance Sale Subject to Approval” means any sale concluded following the Customer’s approval of the Products made available to him/her by the Company in accordance with the terms indicated by the Company or, in the absence of approval, following their failure to be returned in accordance with the return terms indicated in the Purchase Offer Subject to Approval.

 

2. Product Availability

 

2.1. The Customer acknowledges that the Products are limited in number and is therefore aware that the Company must check their availability following receipt of the purchase request by the Customer. The Company will use every reasonable effort to ensure that the availability of the Products is as up to date as possible.

 

2.2. There may be occasional inconveniences in relation to the availability of certain Products. In such circumstances, the Company will promptly inform the Customer (and in any case within the terms specified below), by email and/or telephone, that his/her purchase request has not been accepted due to the unavailability of the Products, possibly inviting the Customer to confirm his/her request with regard to available Products only.

 

2.3. The Company reserves the right to change the Products offered for sale at any time, without prior notice.

 

3. Purchasing procedure

 

3.1. The Customer’s interest in purchasing the Products is received by the Company by telephone or by other digital or paper means, or in the shops. Following the expression of interest received from the Customer, the Company will send an email summarising the purchase request (“Purchase Offer”) or, in the case of Distance Sale Subject to Approval, an email summarising the Products that will be made available to the Customer (“Purchase Offer Subject to Approval” and, together with the Purchase Offer, “Purchase Offers”).
The Purchase Offers shall contain all the pre-contractual information useful for the possible subsequent conclusion of the sale, such as, by way of example, the Company’s details, the description of the Product, the sizes, the colour, the quantity, the price, the right of withdrawal and the modalities for exercising it as well as, in the Purchase Offer Subject to Approval, the compulsory period of time within which the Customer must confirm his/her acceptance of all or some of the Products received as well as any other information necessary for the valid execution of the contract according to the applicable mandatory law and, in attachment or by link, the Terms and Conditions for Omnichannel Sales and the Privacy Policy. The Purchase Offer shall also contain the pay by link to make the payment of the price of the Products and of the shipping fees that will be collected by the Company upon confirmation of Product availability to Customers. Purchase Offers are valid for a fixed period of time.
At the end of the period indicated in the Purchase Offer, the Customer may no longer use pay by link and any intention to purchase expressed by the Customer after the expiry of the period will not be considered valid. The Company, therefore, shall not be liable for any change in the price of the Products. In this case, the Customer shall again express to the Company his/her interest in purchasing the Products in accordance with this Article 3.1 and shall receive a new Purchase Offer together with a new payment link.

 

3.2. The Customer must check the accuracy of the Purchase Offers’ content and report any errors, additions, or changes to their content. The Company may send new Purchase Offers with the changes indicated by the Customer by email.


In the event of a distance sale other than a Distance Sale Subject to Approval, the Customer shall confirm the Purchase Offer directly via the pay by link contained in the Purchase Offer, within the time period and in accordance with the terms indicated therein. Confirmation of the Purchase Offer by the Customer by making payment via pay by link shall be construed as an express and unequivocal manifestation of the Customer’s offer to purchase the Products, if available, in accordance with the Purchase Offer received, as well as full acceptance of these Terms and Conditions for Omnichannel Sales (which must be saved by the Customer) and of all the terms indicated in the Purchase Offer, as well as confirmation by the Customer that he/she has read the Information on the processing of personal data (hereinafter “Purchase Confirmation”).
In the event of a Distance Sale Subject to Approval, the Customer must indicate to the Company his/her approval of all or part of the Products by the date indicated in the Purchase Offer Subject to Approval.

 

3.3. The purchase is concluded when, upon verification of the availability of the Products, the Company charges the price of the available Products and applicable shipping fees to the Customer’s payment card and the confirmation of the purchase and shipping is issued by the Company.
In the event of a Distance Sale Subject to Approval, the Customer expressly acknowledges the Company’s right to temporarily block an amount in the Customer’s payment card equal to the total price of the Products made available to the Customer, it being understood that no charge will be made for Products returned at the end of the period allowed for the expression of satisfaction, without prejudice to the provisions of Article 8.12 below.
If the Customer expresses his/her interest in purchasing a Product that is currently unavailable from a sales outlet, the sales outlet will send the Customer a summary of the Products ordered and the relevant prices by email, making available the Terms and Conditions for Omnichannel Sales and the Privacy Policy. The Company has the right to temporarily block an amount in the Customer’s payment card equal to the total price of the Products pending confirmation of availability of the Products upon the Customer making payment via the pay by link.

 

3.4. The Company will store each Purchase Offer and Purchase Offer Subject to Approval as well as the Customer’s data required for the purchase for the period of time and in accordance with the conditions provided for by the applicable legislation.
The sale of the Products to Customers in accordance with the Terms and Conditions for Omnichannel Sales implies the processing of the Customers’ personal data by the Company. In particular, the Company shall process the Customer’s personal data in accordance with the applicable personal data protection legislation, including the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong). The purposes and methods of processing are specified in the “Privacy Policy” provided to the Customer and published on the Company’s e-commerce site.

 

3.5. The Customer warrants that he/she is responsible for the correctness and truthfulness of all data transmitted to the Company and contained in the Purchase Offers confirmed by the Customer.

 

4. Execution of the contract

 

4.1. The contract of sale shall be deemed to have been executed:

 

a) in the event of a distance sale other than Distance Sale Subject to Approval, when the Company issues the confirmation of the purchase and shipping of the Products (hereinafter referred to as “Confirmation of Sale”).
The Confirmation of Sale will also contain a summary of the purchase conditions, such as: the description of the Products purchased and their main characteristics, the price of the Products and the total price of the order, including any taxes and shipping costs, the address to submit any communications, information on after-sales services, the existence of the right of withdrawal and how to exercise it;


b) in the event of a Distance Sale Subject to Approval, when, and for the Products for which, the Customer communicates to the Company by email his/her approval (hereinafter referred to as “Confirmation of Approval”), or at the expiry of the period allowed by the Company to express his/her approval without any notice having been sent by the Customer, and without the Products made available to the Customer having been returned.

Upon receipt by the Company of the Confirmation of Approval, or upon expiry of the period for expressing satisfaction without any notice from the Customer and without any return of the Products, the Company shall charge the price of the Products delivered to the Customer, and any other costs if specifically indicated in the Purchase Offer Subject to Approval. The price of the Products will also be charged to the Customer in the event that the Customer returns Products that have been used or in any other way tampered with, as better specified in Article 8.14 below.

 

4.2. In the event that a Product, which was not available when requested by the Customer at a sales outlet, continues to be unavailable, the Company shall contact the Customer to inform him/her that the Product is unavailable, and inform him/her of the price refund method and the contract of sale shall be considered definitively terminated. Alternatively, with the express consent of the Customer, the parties may agree on the replacement of the unavailable Product with another Product of equal or greater value if the Customer agrees to pay the Company the difference between the price already paid for the unavailable Product and the price of the new Product, where possible. Alternatively, the parties may agree on the issue of a voucher of a value equal to the price paid for the unavailable Product, to be spent, within one year from its issue, for the purchase of other products at the same or other sales outlets of the same type (boutique or outlet), in the same country or territory in which the sales outlet that made the sale is located.

 

4.3. The Company reserves the right not to accept one or more of the Customer’s Purchase Offer and/or Purchase Offer Subject to Approval in the following cases:

 

a) non-availability of the Products requested by the Customer;

 

b) failure to confirm or receive the payment within the deadlines indicated by the Company;

 

c) the existence of a legal dispute between the Company and the Customer relating to a previous order;

 

d) if the Customer has on previous occasions breached the Terms and Conditions for Omnichannel Sales or failed to fulfil its obligations under the Terms and Conditions for Omnichannel Sales;

 

e) the Company has grounds to suspect that the Customer is purchasing the Products in contravention of the Terms and Conditions for Omnichannel Sales (for example, in order to resell them or use them for commercial purposes);

 

f) if the Customer has been involved in, or is suspected of being involved in, illegal or fraudulent activities.

 

g) the Company has grounds to suspect that any data provided by the Customer is or may be inaccurate or untrue;

 

h) the Products which have been ordered by the Customer are incorrectly priced or otherwise incorrectly described; 

 

i) the Customer’s payment method is declined;

 

j) the Customer has ordered quantities of an individual Product exceeding any quantity limits imposed by The Company;

 

k) shipping restrictions may apply to a Product;

 

l) the Company is unable to fulfil the Customer’s Purchase Offer and/or Purchase Offer Subject to Approval; or

 

m) the delivery address given by the Customer is the address of an entity or individual providing freight forwarding services.

 

In the aforementioned cases, the Company shall notify the Customer by email, within 30 (thirty) days from the date of actual receipt of the Purchase Offer and/or Purchase Offer Subject to Approval or, in the event of an advance payment at the sales outlet, within 30 (thirty) days from the conclusion of the contract, respectively, of any cancellation of the request received and of the contract. In such case, no request for purchase by the Customer shall be deemed accepted by the Company and/or no contract shall be deemed concluded between the Company and the Customer, and any payment made by the Customer for the purchase of the Product shall be refunded by the Company.

 

If the cancellation is only partial, the Customer will only be charged the amount of the Products actually purchased.

 

5. Price and payment method

 

5.1. The prices of all Products offered for sale by means of distance sale are inclusive of VAT or any relevant locally applicable taxes.

 

5.2. These prices will be indicated in Hong Kong Dollars (HKD).

 

5.3. The total amount of the price shown in the Purchase Offer includes any shipping costs, which shall be indicated separately in accordance with Article 6.4.
In any event, the Company will seek the express consent of the Customer for any additional charges, if applicable.

 

5.4. The Customer shall be charged the prices stated in the Purchase Offer.

 

5.5. The Company only accepts the payment methods indicated to the Customer and set out in the Purchase Offer (by way of example, pay by link and vouchers issued by the Company or by the sales outlets it manages).

 

5.6. The Products purchased will only be dispatched once the payment of the amount due by the Customer has been successfully made, with the exception of Distance Sale Subject to Approval. In the event of a Distance Sale Subject to Approval, the Products will be shipped following the temporary blocking of an amount on the Customer’s payment card (pre-authorisation) equal to the total price of the Products requested.

 

6. Delivery

 

A. Rules applicable to distance sales other than Distance Sales Subject to Approval.

 

6.1. The Products will be shipped to the Customer when the Company receives confirmation of payment or, in the event of payment made at the sales outlet, when they are available. The Products will be shipped to the address indicated in the Purchase Offer. A signature will be required upon delivery of the Products. The Company and its third party delivery services provider will not be responsible for verifying the identity of the person signing to accept delivery. If it is not possible to deliver the Products to the address indicated by the Customer at the time of attempted delivery, with the consent of the Customer, the Products may be delivered to a security guard, doorman, concierge or person who appears to perform a similar function in the building where the Customer’s address is located for collection by the Customer.


If the Company is unable to deliver the Products to the address provided due to the Customer’s absence, the Client Service, the sales outlet or the courier appointed by the Company will contact the Customer to arrange a new delivery.

6.2. For security reasons, the Company will not process any purchase request addressed to post office box or accept any purchase request from a Customer who the Company suspects may not be a natural person (for example, a company or other incorporated entity).

 

6.3. The Products may only be delivered in the country or territory to which the Company delivers, as set out in Article 1.3 above.


Therefore, any purchase requests with shipments to be made outside such country or territory will be automatically rejected. The Customer may in any case submit a new purchase request indicating a different delivery address, in accordance with Article 1.3.

 

6.4. In cases where the Customer is charged shipping costs, these shall be expressly stated, separately from any other costs or expenses.

 

6.5. The Company will endeavour to deliver the Products purchased within 30 (thirty) days from the date of conclusion of the contract. However, if an unforeseen event that is outside the reasonable control of the Company or its third party delivery services provider affects the delivery of the Products, then the Company or its third party delivery service provider will not be liable for any loss, damage, cost or expense suffered or incurred by the Customer as a result of the delay in delivering the Products.

 

6.6. Any date of delivery provided by the Company is an estimate only and the Company will not be liable for any loss or damage caused if the Product is not available or delivered by that date.  Similarly, any delay does not relieve the Customer from the Customer’s obligation to accept delivery of and pay for the Product.

 

6.7. If the Company does not deliver the Products within the timeframe set out above, the Customer may request that the Company provide a revised delivery date estimate for when the Products will be delivered to the Customer.

 

6.8. Either the Company or the Customer may immediately terminate the contract if the Product(s) are not delivered by the revised delivery date estimate provided by the Company. The Company will promptly refund to the Customer any payments made for the terminated contract.  

 

6.9. The Customer’s sole remedy for any failure to deliver the Product shall be the right to cancel or terminate the relevant contract and receive a full refund of any monies paid to the Company in respect of that contract.

 

6.10. The Company reserves the right to split the Products ordered into multiple shipments according to availability of the Products.

 

6.11. At the time of shipment of the purchased Product, the Customer will receive a Confirmation of Sale which contains a shipment tracking code and a unique link that will allow the Customer to monitor the delivery status (subject to delivery status information being provided to the Company by its third party delivery services provider).

 

6.12. As an alternative to delivery by courier, and where the service is made available by the Company, the Customer may request to collect the Products purchased directly from the sales outlet indicated by the Company that made the sale. If the Customer does not collect the Products within 14 (fourteen) days from receipt of the email informing him/her that the Product is available for collection, the Company may cancel the sale.
In this case, the Customer will be notified by email of the cancellation and will be promptly refunded for any amounts already paid.

 

6.13. For Products that are delivered to the Customer’s address, the Customer shall bear the risk of loss or damage to the Products from the moment that they are delivered in accordance with Article 6.1. For orders that are delivered to a store in accordance with Article 6.12, risk of loss or damage to the Products will pass to the Customer at the time that the Products are collected by the Customer.

The Company shall not be responsible for any delay in delivery or failure to deliver Products if the delivery address provided by the Customer is incorrect, inaccurate or incomplete.

 

6.14. If the Products are damaged prior to delivery in accordance with Article 6.1 or collection from a store in accordance with Article 6.12 (as applicable), the Company will refund the Customer any amount already paid.

 

B. Rules applicable to Distance Sale Subject to Approval

 

6.15. Articles 6.2, 6.3 and 6.4 apply to Distance Sale Subject to Approval. In the event of Customer’s non-approval, if expressed within the deadline indicated by the Company, he/she shall not be charged for the cost of collecting the Products, unless otherwise provided for in the Purchase Offer Subject to Approval.

 

6.16. The Customer shall bear the risk of loss of or damage to the Products only when the Customer, or a third party designated by the Customer other than the carrier engaged by the Company, takes material possession of the Products, and for as long as the Products remain at the Customer’s disposal.

 

C. Delivery of Products for all distance sales:

 

6.17. Nothing in this Article 6 shall prejudice the application of mandatory rules applicable under local law.

 

7. Conformity of Products

 

7.1. At the time of delivery, the Customer shall check the packaging and any seals are intact, undamaged, and not wet. The Customer must also check the Products delivered to confirm that they match the order and that the Products do not show any manufacturing defects.

 

7.2. In the event of existence of manufacturing defects in the Products (excluding  beachwear, underwear, fragrances, make-up and skincare), the Customer shall be entitled, within a period of two years from the date of delivery of the Products to request a refund or replacement or repair of the Product (at the Company’s option). Nothing in this Article 7.2 shall prejudice the application of mandatory rules that are more favourable to the Customer under local consumer protection legislation.

 

7.3. To the maximum extent permitted by applicable law, the Company disclaims and excludes all other terms, conditions and warranties in relation to the Products and services whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

 

7.4. To notify the Company of any defects in the Products, Customers may contact the Company at the addresses indicated in Article 14 below.

 

8. Returns and refunds - Withdrawal - Return due to non-satisfaction

 

A. Withdrawal:

 

8.1. The Customer has the right to withdraw from the contract without specifying the reason within 14 (fourteen) days from the date of delivery or collection of the Products or, in the event of a Distance Sale Subject to Approval, from the conclusion of the contract, without any charge for the relevant transport costs, unless otherwise provided for in the Purchase Offer.

 

8.2. The Customer may exercise the right of withdrawal by sending an email to the address indicated by the Company or, where the relevant service is expressly provided by the Company and confirmed in the Purchase Offer, at one of the sales outlets managed by the Company and authorised to receive returns.
Following withdrawal, the Customer shall have the right to either a refund of the price paid or, if previously agreed with the Company, the replacement of the Product with another Product of equal or greater value if the Customer agrees to pay the Company the difference between the price already paid for the returned Product and the price of the new Product. Otherwise, a voucher can be issued with a value equal to the price paid for the returned Product, to be spent, within one year from its issuance, for the purchase of other Products at other sales outlets of the same type (boutique or outlet), present in the same country or territory in which the sales outlet that made the sale is located or at the Company’s e-commerce site, if available. The Product shall be shipped to the address that will be communicated to the Customer in accordance with the procedures and instructions included in the package of the Product that the Customer wishes to return, unless the Customer delivers the Product to a sales outlet in the country or territory where the Company is established and authorised to receive returns, where applicable.

 

8.3. If the Customer does not comply with the return instructions provided by the Company, the relevant transport costs and the liability for loss, theft, damage or delay in delivery shall be borne by the Customer, unless otherwise provided for by the applicable mandatory regulations.

 

8.4. The Customer undertakes to return the Products for which he/she has exercised his/her right of withdrawal without undue delay and, in any event, within 14 (fourteen) days from the date on which he/she informed the Company of his/her decision to withdraw from the contract.

 

8.5. Products must be returned in the same condition in which they were delivered and should be in their original packaging. The right to return shall not be applicable to Products that, due to health protection or hygiene reasons (including but not limited to beachwear, underwear, fragrances, make-up and skincare), cannot be returned if the sealing label or cellophane and/or the original packaging have been opened, damaged, altered or removed. The Customer must ensure that the Products are undamaged and complete, never been used or worn and returned in their original packaging, equipped with all the labels, tags and security tags, correctly attached in their original  positions  as they were received with.

 

8.6. The Company shall check the packaging, labelling and condition of each Product returned, and that the Product has been returned in a manner that meets all of the conditions and requirements set out above.

 

8.7. The Company shall refund any amounts due for the Products returned within fourteen (14) days of receiving the Products and verifying they are in the required condition. The Company is not responsible for the time required by financial institutions to process refunds.

 

8.8. The Company reserves the right to refuse the return of any Product that appear to have been damaged, deteriorated, stained or appear to be in a condition that indicates that they have been used for purposes other than those which are , strictly necessary to ascertain the nature and features of the Product purchased as well as if the original security label has been removed, broken or tampered with or, in the case of perfumes, if the sealing cellophane and the original packaging have been opened, damaged, altered or removed.

 

8.9. In all cases, the Company shall send a specific notice to the Customer informing him/her of the acceptance of the return and the re-credit or, where agreed, the replacement of the Product or the issue of the voucher, or of the non-acceptance with a specific indication of the reasons thereto.
None of the provisions contained in this Article 8 shall prejudice the application of local mandatory consumer protection rules that are more favourable to the Customer.

 

8.10. The Company shall not be under any obligation to refund any delivery costs paid by the Customer in respect of the Products.

 

8.11. The return of Products pursuant to this Article is only permitted in connection with purchases made by means of distance sale.

 

B. Return of Products due to non-satisfaction:

 

8.12. In the event of a Distance Sale Subject to Approval, the Customer is entitled to return the Products that he/she does not intend to purchase without being charged any costs for collection and transport, unless otherwise agreed in the Purchase Offer Subject to Approval, and provided that he/she has notified the Company of his/her wish to return the Products within the deadline stated in the Purchase Offer Subject to Approval.

 

8.13. If the Customer does not return the Products within the deadline indicated in the Purchase Offer Subject to Approval, or in any case according to the instructions from the Company, the costs of collection and transport and any liability for loss, theft, damage or delay in delivery shall in any case remain the responsibility of the Customer, unless otherwise provided for by the applicable mandatory regulations.

 

8.14. The provisions of Articles 8.5 to 8.11 above shall apply to the return of Products sold as Distance Sale Subject to Approval. The Company therefore reserves the right to refuse the return of any Product that is damaged, deteriorated, dirty or in such a state as to suggest, unequivocally, that it has been used not in good faith, for purposes other than during checks performed by the Customer, strictly necessary to ensure they are satisfied with the Product, as well as if the original safety label has been removed, broken or tampered with. In this case, the Company shall send a communication to the Customer stating that it does not accept the return of the Product and that the relevant price will be charged.

 

9. Limitation of liability

 

9.1. Except in the event of wilful misconduct or gross negligence, the Company shall in no way be liable to the Customer for any economic losses, loss of goodwill or reputation or other indirect or consequential loss or damages that may arise from the Customer’s purchase of the Products offered for sale .

 

9.2. Subject to Articles 6.6 and 9.1 , the Company’s aggregate liability under these Terms and Conditions for Omnichannel Sales whether arising under contract, tort (including negligence), breach of statutory duty or otherwise in respect of a particular Product shall in no event exceed 100% of the amount paid by the Customer in respect of that Product.

 

9.3. The Company will not be responsible for any delay or failure to perform or comply with its obligations under these Terms and Conditions for Omnichannel Sales if the delay or failure arises from any cause which is beyond the Company’s reasonable control.

 

10. Product authenticity and intellectual property rights

 

10.1. The Company warrants the authenticity of all Products offered for sale by means of distance sale.

 

10.2 The Prada Group’s trademarks, as well as all the figurative and nonfigurative trademarks and more in general all the other trademarks, illustrations, images and logos on the Products, on the relevant accessories and/or packaging, whether registered or not, are and remain the exclusive property of the companies belonging to the Prada Group. The total or partial reproduction, modification, tampering or use of these marks, illustrations, images and logos, for whatever reason and on whatever medium, is strictly prohibited.

 

11. Storage of the Contract

 

11.1.Not Applicable

 

12. Governing Law - Disputes

 

12.1. These Terms and Conditions for Omnichannel Sales are governed by the law of the Hong Kong and shall be construed accordingly.

 

12.2. In the event of a dispute arising from the interpretation and/or application of the Terms and Conditions for Omnichannel Sales, the courts of Hong Kong shall have exclusive jurisdiction.

12.3 These Terms and Conditions for Omnichannel Sales are severable.  If any provision of the Terms and Conditions is found by a court to be invalid, illegal, void or unenforceable, such provision shall be deemed to be deleted from these Terms and Conditions for Omnichannel Sales and the other provisions of these Terms and Conditions for Omnichannel Sales shall remain valid and enforceable.

 

13. General

 

13.1. These Terms and Conditions for Omnichannel Sales, including any policies or documents referred to in these Terms and Conditions for Omnichannel Sales, are the entire agreement and understanding between the Customer and the Company on everything connected with the subject matter of these Terms and Conditions for Omnichannel Sales and supersedes any prior agreement or understanding on anything connected with that subject matter.

 

13.2. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

 

14. Contact

 

14.1. For any complaint, further information or assistance relating to the purchase procedure and, in any event, for any request for information and/or clarification with regard to what is set forth in these Terms and Conditions for Omnichannel Sales, the Customers may contact the Company and/or the sales outlet with which they have made contact at the telephone number or email address indicated in the Purchase Offers and in the Confirmation of Sale.

 

Last updated: December 9th, 2024