T&C

TERMS AND CONDITIONS

Table of contents:

1. SHIPPING AND RETURNS POLICIES

2. DAMAGES

3. COOKIE POLICY

 

SHIPPING AND RETURNS POLICIES

FREE SHIPPING:

US CUSTOMERS: Get free USPS shipping on domestic (US) orders over $50. Use code "FREESHIP" at checkout.

INTERNATIONAL CUSTOMERS: Save $6 on orders over $50.

Use code "INTLSHIP" at checkout.

This offer is subject to change at any time. 

DOMESTIC / US CLIENTS:

USPS First Class is available for packages up to 15.9 ounces, and Priority service for packages over 1 lb. Both are fully trackable.

UPS and DHL service are also available.

Packages returned due to being undeliverable will be automatically refunded less shipping charges and your merchandise will be returned to stock.


INTERNATIONAL CLIENTS:

We offer shipping with 2 services (USPS, UPS) to meet your needs, please review the options to see which is right for your order. 

USPS First Class International is the most economical option available - most packages will be $17-25 depending on weight and destination. Tracking is available in certain supported countries with Electronic USPS Delivery Confirmation International Service (E-USPS DELCON INTL) - updated list is here.


As of 14 July 2020 -

Australia

Belgium

Canada

Croatia

Cyprus

Denmark

Estonia

France

Germany

Gibraltar

Hong Kong

Iceland

Indonesia

Israel

Japan

Lithuania

Luxembourg

Netherlands

New Zealand

Poland

Portugal

Singapore

Thailand

United Kingdom of Great Britain and Northern Ireland


If you are in a supported country, once your package leaves the US you should be able to track it through your country’s postal service, ie: Royal Mail, Deutschpost, etc.


If your country is not listed above or on the USPS site, it may not be trackable once it leaves the US. Ordering to non-supported countries is at your own risk and we cannot issue refunds in the event of a non-deliverable package.

Some countries are subject to import duties and / or fees - please know your own countries requirements before ordering. Packages returned due to duties not paid will be automatically refunded less shipping charges and your merchandise will be returned to stock. All packages are marked as merchandise and for the full retail price, we cannot mark orders as gifts or devalue them.

 

RETURNED INTERNATIONAL PACKAGES:

If your package is returned due to an incorrect address, you will be issued a full refund for purchase price of the items in the order. Shipping charges will not be refunded. 

 

RETURN POLICY

We are happy to offer returns on unworn, unused merchandise within 14 days. Shipping is at the buyer's expense, if we issue return shipping the cost will be deducted from the amount of your refund. In order to cut down on resources used by returns we ask that you first:

  • Check the size measurements listed before ordering - if you’re unsure, pick a shirt you like the fit of and measure it - compare the measurements to pick your best size.
  • Please don't order multiples to try sizes with a plan to return the ones that don't fit. We reserve the right to cancel orders with excessive multiples.
  • Double check your shipping address - make sure you have apartment number, etc. listed.
  • Use a valid email address - this is our only way to contact you if there’s a problem with your order or address!

If you still want to make a return, please email us with your order number at

orders@dietprada.com

Return shipping is at your expense and your original shipping charges unfortunately cannot be returned.

Returns must be initiated within 14 days of receipt of an order. 


DAMAGES

We pack all orders by hand and do our best to inspect for damaged items. If you still received damaged merchandise, please contact us via 

orders@dietprada.com and we will work out a replacement or refund ASAP.

 

Cookie Policy

We use cookies in order to enhance your experience with us. Please review our Privacy Policy to learn how we may use cookies and how you can change your browser settings to disable cookies. By continuing to use this website without changing your settings, you consent to our use of cookies.

“Accept”

SECTION 1 - OVERVIEW

This website is operated by Thedietsoda LLC (“Diet Prada”). Throughout the site, the terms “we”, “us” and “our” refer to Diet Prada. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), as well as those additional terms and conditions and policies referenced herein and/or available by hyperlink, including, but not limited to, our Privacy Policy. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at any time by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted byShopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 2 - WEBSITE AND ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - OUR INTELLECTUAL PROPERTY

This site, and all content and other material on the site, including, but not limited to, the Diet Prada logo and design, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, software, as well as an emails or documents prepared and/or sent to you by us, and the arrangement thereof (collectively, the “Materials”) are our property and are protected by United States and international copyright, trademark, and other intellectual property laws.

Diet Prada, the Diet Prada logo, and any other product, service name, or slogan contained in the site are trademarks of Diet Prada, and may not be copied, imitated, or used, in whole or part, without our prior written consent. Additionally, the look and feel of the site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Diet Prada and may not be copied, imitated, or used, in whole or part, without our prior written permission. All other trademarks, registered trademarks, products names, and company names or logos, and any other copyrighted material mentioned or displayed on the site are the property of their respective owners.

SECTION 9 - LICENSE AND RESTRICTIONS

We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of our site and the Materials, solely in accordance and subject to the Terms of Service and any other applicable rules or guidelines contained on the site. Except as otherwise expressly permitted by the Terms of Service, you may not do any of the following: (i) collect, use, copy or distribute any portion of the site or the Materials; (ii) resell, publicly perform or publicly display any portion of the site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the site or the site; (iv) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the site; (v) use the site in a manner which results in the depletion of site infrastructural resources; (vi) download (other than page caching) any portion of the site, the Materials or any information contained therein; or (vii) use the site or the Materials other than for their intended purposes.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 - LIMITATION OF LIABILITY

BY ACCESSING OUR SITE, YOU AGREE TO NOT HOLD US, ANY PARTY INVOLVED IN MAINTAINING THE SITE, AND ANY OF OUR OFFICER, DIRECTORS, EMPLOYEES, OR AGENTS, LIABLE OR RESPONSIBLE FOR ANY THIRD-PARTY WEBSITES OR APPLICATIONS LINKED TO THE PLATFORM, OR THE MATERIAL ON SUCH THIRD-PARTY WEBSITES OR PLATFORMS, INCLUDING, BUT NOT LIMITED TO LOSS OR DAMAGE TO DUE COMPUTER VIRUSES OR MALWARE;

BY ACCESSING THIS SITE, YOU AGREE THAT WE DOES NOT HAVE ANY OBLIGATIONS OF CONFIDENTIALITY, NON-DISCLOSURE, OR NON-USE, EXCEPT THOSE EXPLICITLY SET OUT IN OUR PRIVACY POLICY .

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE, THE ACCESS TO AND USE OF THIS SITE, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY US FROM YOU FROM ANY SALE MADE ON THIS SITE.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO OUR LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY US FOR FRAUD OR FRAUDULENT MISREPRESENTATION

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

SECTION 17 - DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SITE, AND ALL CONTENT CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE PLATFORM: A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, CONTENT CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE PLATFORM. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM AND CONTENT CONTAINED THEREIN SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT CONTAINED THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 18 - INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold us and our parents, subsidiaries, partners, principals, members, officers, employees, representatives, contractors, and permitted assigns (together, the “Indemnified Parties”)  harmless from and against any and all actual or alleged third-party claims, liabilities, deficiencies, judgments, awards, settlements, damages, losses, fines, injuries, penalties, fees, costs and expenses (including reasonable attorney’s fees and expenses) (collectively, “Claims”) that are caused by, arise out of or are related to: (i) your use of our site, (ii) your violation of these Terms of Services, rules on the site, or the Privacy Policy, (iii) your violation of the rights of any third party. You agree to promptly notify us of any Claims and fully cooperate with the Indemnified Parties in responding to and defending such Claims. You agree that the Indemnified Parties will have control over the defense and/or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN WRITTEN AGREEMENT BETWEEN YOU AND US.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20- TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21- ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22- GOVERNING LAW

These Terms of Service are governed and construed in accordance with the laws of the State of New York, without regard to the principles of conflicts of law. Any action or claim brought under these Terms or for any matter arising out of or in any way relating to this Site shall be heard in and venue shall be located in Kings County, in the State of New York.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

If there is any additional information you would like regarding these Terms, or you believe there is a violation of these Terms of Service and you would like to report it to us, please direct the information to orders@dietprada.com . Reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms of Service or other applicable agreements between us and the alleged violator of the Terms of Service, and may pursue other remedies available under all applicable local, provincial, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.



 

This Privacy Policy describes how Thedietsoda LLC (the “Diet Prada” or “we”) collects, uses, and discloses your Personal Information, defined below, when you visit or make a purchase from the thedietprada.com and/or dietmerch.com (together, the “Site”).

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels or Facebook / Instagram marketplace
  • Disclosure for a business purpose: shared with our processor Shopify or Facebook / Instagram marketplace

Order information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, Paypal), email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our processor Shopify or Facebook / Instagram marketplace

Customer support information

  • Examples of Personal Information collected: AS ABOVE OR ADDITIONAL INFORMATION AS NEEDED
  • Purpose of collection: to provide customer support.
  • Source of collection: collected from you.
  • Disclosure for a business purpose

 

Minors

The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

  • Your consent;
  • The performance of the contract between you and the Site;
  • Compliance with our legal obligations;
  • To protect your vital interests;
  • To perform a task carried out in the public interest;
  • For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

We have security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration. This includes: (a) ensuring the physical security of our offices; (b) ensuring the physical and digital security of our equipment and devices by using passwords and encryption; and (c) limiting access to personal information Ww collect solely to those who need to use it in the course of their work.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

  • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
  • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

 

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

Name

Function

_ab

Used in connection with access to admin.

_secure_session_id

Used in connection with navigation through a storefront.

cart

Used in connection with shopping cart.

cart_sig

Used in connection with checkout.

cart_ts

Used in connection with checkout.

checkout_token

Used in connection with checkout.

secret

Used in connection with checkout.

secure_customer_sig

Used in connection with customer login.

storefront_digest

Used in connection with customer login.

_shopify_u

Used to facilitate updating customer account information.

Reporting and Analytics

Name

Function

_tracking_consent

Tracking preferences.

_landing_page

Track landing pages

_orig_referrer

Track landing pages

_s

Shopify analytics.

_shopify_fs

Shopify analytics.

_shopify_s

Shopify analytics.

_shopify_sa_p

Shopify analytics relating to marketing & referrals.

_shopify_sa_t

Shopify analytics relating to marketing & referrals.

_shopify_y

Shopify analytics.

_y

Shopify analytics.

 

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at orders@dietprada.com

Last updated: August 2, 2021