Terms of use

TERMS OF USE

Welcome to PrestigeOriginal.com, a website owned and operated by PKN International. These Terms of Use govern your use of the Prestige Original.com website and all subdomains thereof. By using, visiting or shopping at the Prestige Original website and all subdomains thereof, you agree to be bound by these Terms of Use, as well as the other policies posted on the Prestige Original.com website.

In these Terms of Use, Prestige Original.com is referred to as “Prestige Original. PrestigeOriginal.com website and all subdomains thereof are referred to as the “Site”.

Prestige Original is located in Los Angeles, CA. By displaying products on the Site, Prestige Original is making an offer to sell such products only to those who are legally capable of accepting and do accept such offer in US on the terms and conditions set out herein. If you place an order for products shown on the Site, your order will be deemed an acceptance in California of such offer pursuant to these Terms of Use.

USE OF THE SITE

License and Site Access

Prestige Original grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site or any portion of the Site, except with the express written consent of Prestige Original.  Prestige Original also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray Prestige Original, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.

Prohibited Uses of the Site

The licenses set forth in these Terms of Use do not include any rights to:

  • Interfere or attempt to interfere with the proper operation of the Site;
  • Bypass any measures used to prevent or restrict access to any portion of the Site;
  • Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by Prestige Original or its affiliates through the Site;
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
  • Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
  • Reproduce, record, retransmit, sell, rent, distribute, publish, post or perform any of the content of the Site;
  • Modify, download (other than page caching), reproduce, copy or resell the Site, the content or any portion or derivative thereof;
  • Copy or download any account information of any user of the Site for the benefit of any other person or entity;
  • Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Prestige Original;
  • Use Prestige Original’s name, trademarks, service marks or logos in any meta tags or any other “hidden text”; or
  • Use Prestige Original’s logo or other proprietary graphic or trademark as part of a link without express written permission.

Each of the foregoing is expressly prohibited without Prestige Original’s prior express written consent. Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted to you by Prestige Original.

Termination of Access

You agree that Prestige Original may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site (including access through Facebook Connect as described below) and your Site account without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies.  YOU AGREE THAT NONE OF PRESTIGE ORIGINAL, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (EACH A “PRESTIGE ORIGINAL PARTY”) WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.

INTELLECTUAL PROPERTY RIGHTS; CONTENT; USER CONTENT

Copyright

All content included on the Site, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, (“Content”) is the property of Prestige Original or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws.  The design, selection, arrangement, coordination and compilation of all Content on the Site are the exclusive property of Prestige Original and are protected by applicable copyright laws.  All software used on the Site is the property of Prestige Original or its software suppliers and is protected by applicable copyright laws.

Trademarks

PRESTIGE ORIGINAL and PRESTIGEORIGINAL.COM are trademarks, registered trademarks or service marks of Prestige Original or its affiliates or licensors.  All rights are reserved.  These and other trademarks, service marks, graphics, logos and trade dress of Prestige Original and its affiliates, suppliers and licensors used on the Site may not be used without the prior written consent of Prestige Original or its applicable affiliate, supplier or licensor, as the case may be.  Without limiting the foregoing, no Prestige Original trademark, service mark or trade dress may be used in connection with any product or service that is not Prestige Original’s, in any manner that is likely to cause confusion among users or customers or in any manner that disparages or discredits Prestige Original.

 

No Responsibility for Third-Party Content; Copyright Claims

Content on the Site and the  may be provided by third parties, either as a result of submission by users or other persons or because of selection by PrestigeOriginal. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site (“Third-Party Content”) are solely those of the respective authors or distributors and not of Prestige Original or its affiliates. None of the Prestige Original Parties guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The Prestige Original Parties make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorized Prestige Original representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any Prestige Original Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.

No Prestige Original Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content.  However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact Prestige Original at the e-mail address or physical mail address below with the following information and signature:
1.A description of the copyrighted work that you claim has been infringed;

2.A description of where the material that you claim is infringing is located on the Site;

3.Your address (including country), telephone number and e-mail address;

4.A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

5.A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Your notice should be sent info@PrestigeOriginal.com or  prestigeoriginalusa@gmail.com or by physical mail, to:

Prestige Original
2730 S Broadway

Los Angeles, CA
California

Submission of Reviews and Other User Content

Where allowed on the Site, users or other persons may submit reviews, articles, comments, contest entries and other Content to the Site or users may offer or disclose Content, ideas or other materials to Prestige Original in connection with the Site (each such submission, offer or disclosure being a “Submission”) . If you choose to submit such Content, you agree not to use a false e-mail address, impersonate any person or entity or otherwise mislead any Prestige Original Party or any Site user as to the origin of any such Content.  You agree, represent and warrant that any Submissions submitted by you will be accurate and will not violate these Terms or Conditions, any applicable law or regulation or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity.  You agree, represent and warrant that you have the authority to make all Submissions submitted by you and to grant the rights and licenses described herein with respect to all such Submissions. You further agree, represent and warrant that no Submission submitted by you will be or contain libelous, unlawful, false, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, offensive, abusive or obscene material or contain software viruses, political campaigning, commercial, survey, research or other solicitations, bulk communications, chain letters, advertising, commercial offers, mass mailings or any form of “spam”.

Prestige Original has the right but not the obligation to monitor, edit, move or remove any activity, Content or Submission on the Site. However, Prestige Original does not regularly review Submissions, and is entitled to presume that all Submissions comply with these Terms of Use.

Prestige Original does not acquire title or other ownership rights in or to any Submission made by you. However, you agree that by posting, uploading, inputting, providing or otherwise submitting, offering or disclosing a Submission you are: (1) unconditionally granting Prestige Original, its affiliates and sub-licensees permission, without compensation to you or any third party, to use your Submission in connection with the operation of their businesses (including, without limitation, the Site), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to use, copy, excerpt, distribute, disclose, transmit, display (publicly or otherwise), perform (publicly or otherwise), publish, reproduce, edit, create derivative works from, translate, reformat, host, index, cache, tag, encode, modify and adapt your Submission in any manner, for any purpose, without restriction and in any form or media now known or hereinafter developed and to use and publish in connection with your Submission your name, image, and other personal information, to the extent submitted by you in connection with your Submission; and (2) unconditionally granting to each user of the Site a non-exclusive license to access your Submission through the Site and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Site and under these Terms of Use. To the extent any right you may have in or relating to any Submission cannot be licensed to Prestige Original or its affiliates under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights and “moral rights” or other rights with respect to attribution of authorship or integrity of materials. Prestige Original is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to treat any Submission or the ideas therein as proprietary; (3) to pay to you or any person or entity any compensation for any Submissions; or (4) to use, return, or respond to any Submissions.

IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF CALIFORNIA: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION

Prestige Original’s product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated.  Prestige Original’s customers are located in various parts of the world.  As a result, it is not practical for Prestige Original to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.

PRESTIGE ORIGINAL MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE.  IMPORT AND SALE OF CERTAIN OF PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS, LOCAL COPYRIGHT AND TRADEMARK RIGHTS AND OTHER LOCAL LAWS. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.

BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED PRESTIGE ORIGINAL TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE“IMPORTER” AND “INITIAL DISTRIBUTOR” OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.  YOU ACKNOWLEDGE AND AGREE THAT PRESTIGE ORIGINAL’S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN CALIFORNIA AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED PRESTIGE ORIGINAL TO SHIP PRODUCTS.  IN NO EVENT WILL PRESTIGE ORIGINAL OR ANY OTHER PRESTIGE ORIGINAL PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY PRESTIGE ORIGINAL PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.

By purchasing a product through the Site, customers outside of the US authorize Prestige Original to make arrangements for clearance of customs on their behalf for the products they have ordered.

PRODUCT DESCRIPTIONS, INFORMATION AND PRICES

Product Descriptions

Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products.  Prestige Original does not represent or warrant that the descriptions of any products shown on the Site (including personal care products) are accurate or complete.  IF YOU PURCHASE A PRODUCT FROM PRESTIGE ORIGINAL THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR PRESTIGE ORIGINAL CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.

Prestige Original has made every effort to display the colors of products on the Site as accurately as possible.  However, as the actual colors you see will depend on your monitor Prestige Original cannot guarantee that your monitor’s display of any color will be accurate.

Prices

Prestige Original cannot confirm the price of a product until you order.  It is possible that the price for a product may increase or decrease between the time that the product is placed by phone and/or the time the purchase is actually made.  Also, despite Prestige Original’s best efforts, a small number of the products on the Site may display incorrect prices.  If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Prestige Original, Prestige Original may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.

ORDER PROCESSING, SHIPMENT, RETURNS, WARRANTIES

Order Acceptance

The offer and acceptance of orders will be subject to the terms of the third paragraph of these Terms of Use. Prestige Original may confirm its receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

 

Returns

Prestige Original accepts returns of most defective products, products damaged in shipping and (in the case of clothing) products of incorrect sizes, in accordance with the terms and conditions.

Replacement or repair of returned products will be made in accordance with the Return and Refund Policy.  Any refunds provided pursuant to the Return and Refund Policy will be made in the form of credit that may be applied to other purchases on the Site.  In no event will cash refunds be made.

GENERAL

Severability

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of Use.

Delay in Enforcement

No delay or failure to take action under these Terms of Use shall constitute any waiver by Prestige Original of any provision of these Terms of Use.

Complete Agreement

These Terms of Use, together with Prestige Original’s Privacy Policy and any other policies posted on the Site from time to time, constitute the complete agreement between you and Prestige Original with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Prestige Original.

Indemnification

You agree to defend, indemnify and hold harmless Prestige Original and the other Prestige Original Parties from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.

Modification to Terms of Use

Prestige Original reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time.  It is your responsibility to check these Terms of Use each time before using the Site.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.  You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to the terms and conditions of these Terms of Use, which shall apply until Prestige Original posts a modified Terms of Use and then in accordance with such modified Terms of Use.

 

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