TERMS AND CONDITIONS

TheOutnet.com's ("theOutnet" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on theOutnet. We recommend you should keep a copy of the TOS for future reference.

TheOutnet.com is a trading name of Net-a-Porter Limited, a company registered in England and Wales under registration number 3820604. Our registered address is 1 The Village Offices, Westfield London Shopping Centre, Ariel Way, London W12 7GF. Our VAT number is 743 7967 86. If you have any comments about theOutnet, you can email us at serviceteam@theOutnet.com.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16, you must let your parent or guardian know about theOutnet's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.

Registration
Eligibility to purchase
Orders
Pricing policy
Flash sale conditions
Style a friend
Acceptance of your order
Payment
Insurance and delivery
Tracking your order
Returns and exchanges
Intellectual property rights
Content
No commercial use
Your activity
Third party sites
Your rights
Limits on our liability
Compensation
Our relationship
No waiver
Governing law

REGISTRATION

To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address serviceteam@theOutnet.com. You may also want to view our Privacy Policy.

ELIGIBILITY TO PURCHASE

In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you confirm that the payment details you provide on ordering are both valid and correct. You also confirm that you are the person referred to in the billing information provided.

The Site is available only to individuals and others who meet theOutnet terms of eligibility, who have been issued a valid credit or debit card and who have authorised theOutnet to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. TheOutnet reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorise us to perform credit checks, and where theOutnet feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are sold on a first-come, first-served basis and are subject to acceptance and availability. TheOutnet offers products for sale that are in stock and available for dispatch from our distribution center.

Please note that items in your shopping basket are not reserved and may be purchased by other customers. When participating in 'Pop-Up sales' or 'Going Going Gone' sales customers must complete the check out procedure within the specified timeframes.

See sections on Pop-Up sales and Going, Going, Gone sales.

PRICING POLICY

Prices shown on the site are in GBP or Euros and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site.

All prices and offers remain valid as advertised from time to time. The GBP or Euros price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.

All prices remain static for the duration of the selling period (apart from events in Flash sales) allowing for a stable environment inwhich customers can shop globally.

Customers buying from outside the UK will also incur carriage costs and any duties levied by the jurisdiction to which you have specified delivery. If you are a customer whose credit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

FLASH SALE CONDITIONS

Participation in Pop-Up sales, Going, Going, Gone sales, Giveaways and weekly promotions is subject to the following terms and conditions:

POP-UP SALES

Pop-Up sales are open to all registered customers.
Customers must be registered with the International Site to participate in International Pop-Up sales.
All items are sold on a first come, first served basis and must be purchased before the timer expires.

GOING, GOING, GONE SALES

Going, Going, Gone sales are open to all registered customers.
Customers must be registered with the International Site to participate in International Going, Going, Gone sales.
There is a limit of one item per customer for each Going, Going, Gone sale.
All items are sold on a first come, first served basis and must be purchased immediately to ensure the best chance of availability and before the timer expires.

GIVEAWAYS

Entrants must be 18 years of age or over. When contacted, the prize winner must provide proof of age.
The promotion will start and close at the advertised date and time.
The prize draw will be held at the advertised time.
The prize is limited to one prize winner.
Only one entry per person unless a specific promotion allows for further entries.
The winner will be chosen at random after the advertised closing date and will be notified by email within 10 days of the closing date. If the winner cannot be contacted within 30 days, an alternative winner may be chosen. Our decision is final and no correspondence will be entered into.
Prizes will be sent to the winner within 10 days.
TheOutnet reserves the right to substitute a prize of equivalent value in the event the offered prize is unavailable.
The prize is not transferable and there is no cash alternative.
Entry to any competition can only be made via the entry page on theOutnet. All details given must be correct and accurate.
No responsibility shall be taken for any occurrences resulting from the participant's connection to the internet via the Site unless caused by our negligence. TheOutnet does not accept responsibility for any damage (whether material or non-material) caused to participants, to their computer equipment or to data which is stored on them, or to their personal, professional or commercial activities.
TheOutnet is not responsible for late, lost, incomplete, inaccurate or damaged entries.
TheOutnet may wish to use winners' names for editorial and publicity purposes on the Site or email communications. It is a condition of entry to any prize draw or Going, Going, Gone sale that you agree to this use of your name.
No purchase is necessary to enter the prize draw.
Except if otherwise stated in these terms and conditions, normal theOutnet terms and conditions apply to the prize.
All prize draws are governed by the relevant United Kingdom laws.

1ST BIRTHDAY SALE

This sale will start on Friday April 16th, 2010 for a limited time only, but the exact start time will not be publicized prior to the event.
You must RSVP to the sale to access it, even if you are already registered with theOutnet.
Admission to the sale will only be given via a link sent to you by email.
Items at £1 will be limited to the items within the sale.
You may only purchase one item per person.
Products are sold on a first come, first served basis.
Adding items to your basket does not reserve them. To secure your purchase, we recommend you checkout quickly. Unfortunately, theOutnet cannot guarantee that items will not be sold out before you do so. Items are secured when you reach the order confirmation page.
You can buy other products that are not from the sale at the same time.
For faster shopping, we recommend that you check that the spelling of the cardholder's name is exactly as it appears on the card, plus that the billing address is the address the card is registered to. If you have previously made a purchase on theOutnet your card details will have already been saved, if you have chosen to do so.
Products from the 1st birthday sale cannot be exchanged. Should you need to return an item you will receive a card refund or store credit to the value of £1 paid. Please keep in mind that our standard returns fee will still apply.
Not valid in conjunction with any other promotions.

Employees of the NET-A-PORTER Group, its affiliates, subsidiaries, advertising and promotion agencies, and their immediate family members and/or those living in same household, are not eligible to participate in Pop-Up sales, Going, Going, Gone sales, Giveaways or 1st Birthday Sale.

STYLE A FRIEND

Participation in Style a Friend is subject to the following terms and conditions:

To receive the store credit you must be registered with an account on theOutnet INTL site. If you are not currently registered, you will need to do so before you can receive the store credit.
The store credit will be credited to your theOutnet account after your friend has made their first purchase at theOutnet. Their first purchase must be made within 30 days of receiving the Style a Friend email from you. Purchases made after 30 days do not qualify for store credit.
The email address used by your friend for their first purchase must be the same email address to which you sent the Style a Friend email.
Your friend's first purchase can be for any item(s) on the site and does not only apply to the item(s) you sent them via the Style a Friend email.
The store credit will not be issued if your friend has already purchased from theOutnet.
Your account will be credited with store credit for each friend who makes their first purchase at theOutnet. The store credit will only be issued once per friend and for their first purchase only.
The store credit will be issued 14 days after their purchase if your friend keeps the item(s) ordered. If they choose to return the items(s) from their first purchase, you will not receive the store credit.
Items sent to your friend via any means other that a Style a Friend email do not qualify for store credit.
If your friend receives more than one Style a Friend email from multiple senders, the store credit will be issued to the last sender only.
The value of the store credit will be £20 for GBP based countries and €20 for EUR based countries, per friend. Store credit is valid for 12 months, is non transferable, and there is no cash alternative.
By using the Style a Friend functionality you acknowledge and agree not to use it to send unsolicited commercial messages to people you do not know or send identical (or substantially similar) messages to multiple recipients.
Please note theOutnet is not liable or responsible for the misuse of the Style a Friend email functionality. Furthermore, theOutnet reserves the right to withdraw applied store credits and close customer accounts due to misuse or fraud. Sending emails to an alternate email account that belongs to you will be considered fraud.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and theOutnet will be completed when we email you to confirm the goods have been despatched. The sale contract is therefore concluded in London, England and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to accept a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT

Payment can be made by Visa, Visa Electron, MasterCard, American Express, Delta, and Maestro debit cards and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by theOutnet. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.

If the issuer of your payment card refuses to authorise payment to theOutnet, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using Datacash, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered theOutnet user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple and secure theOutnet uses Secure Socket Layer (SSL) technology.

Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

INSURANCE AND DELIVERY

TheOutnet insures each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by theOutnet and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, theOutnet are not responsible for any delays caused by destination customs clearance processes.

TRACKING YOUR ORDER

You can check the current status of your shipment by signing into your account and selecting My Orders. Simply type in your unique air waybill number which we emailed to you, and we will track your shipment for you.

TheOutnet will store a record of your transactions for a minimum of one year.

RETURNS AND EXCHANGES

Receiving Your RMA

If you wish to return an item, a Returns Merchandise Authorization (RMA) number should be requested online within seven days of receiving your order. A RMA should be requested as follows:

Sign into your account and under My Orders, select the order number containing the items you would like to return.
Click on the RETURN/EXCHANGE AN ITEM button and choose the reason why you want send your item(s) back. If an item is faulty, please provide details why.
If you would like to exchange an item because the fit isn't right, choose the replacement size.
To request a refund, select how you would like to be credited. This needs to match the original payment method used. Please note, store credit is valid for one year from issue date.
Check the box to agree with our Return Policy. You will then receive an email containing your RMA number which is valid for 14 days.

Returning Your Purchase

Book a collection with DHL, by either calling +44 (0) 844 248 844 or visiting www.dhl.com and selecting your country.
Complete your returns proforma invoice with your RMA number (and fill in the DHL air waybill if applicable) and sign it. Please leave your package open until the driver has checked the contents.
You will be notified by email once your return has been received and processed.

Although this is our recommended returns service, you may return the goods by any secure means, although this will always be at your cost (save in the case of proven faulty goods). Our address for all returns is theOutnet, DC1, Unit 3, Charlton, Gate Business Park, Anchor and Hope Lane, London SE7 7RU and we request that you contact us at serviceteam@theOutnet.com in relation to such returns. Please note that we may not accept liability for goods that are not returned via DHL.

Returns

TheOutnet will accept returns for refund or store credit (at your election), for all items (this excludes Giveaways), for the cost of return shipping. Outbound shipping costs charged on your order placement will be refunded. See costs for Shipping and Returns.

We may occasionally run a Free Shipping promotion on the site for a limited period of time. For items returned that were purchased during a Free Shipping promotion, we will not refund outbound shipping costs (as this was free) and you will still be charged a return shipping fee as normal.

Your attention is drawn to 'Your Rights' section below in relation to your right of cancellation and return.

Exchanges

We can only exchange items for a different size based on stock availability (this excludes Giveaways). If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.

To exchange an item, you will need to sign into your account and create an exchange specifying the new size you require, following the instructions detailed above.

Please note that the returns fee does not apply to returns for exchanges, and that the shipping cost of the replacement item is also free. If you are based outside of the EU, however, you will be required to pay sales taxes and duties on this item again.

Receiving a refund

If your order has been sent to a destination within the EU, all VAT will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through theOutnet. However, you may be able to recover these by contacting your local customs bureau directly.

Important information

Please return items for exchange or refund within 14 days of receiving your RMA number.
We recommend that you send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible. Please note that if you return items from the same order in multiple shipments, you will be charged a return cost per shipment.
Items should be returned in their original packaging to ensure they are adequately protected in transit. Shoe boxes should also be protected as they are considered part of the product, and your return may not be accepted if the box is damaged.

Our policy

Items should be returned unused, and with all theOutnet and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.

Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.

Please email serviceteam@theOutnet.com if any of your purchases have been delivered without theOutnet tags.

All items returned should have a RMA number to ease the process. Unidentified returns may be returned to the sender.

Exclusions

Unfortunately we are unable to offer returns or exchanges for items won in our Giveaways.

Late Returns

Please seek to return items within 14 days of the date of your RMA request. Returns outside these timeframes may be accepted at the discretion of theOutnet, depending on the circumstances may only be refunded as a store credit. Please note that RMA numbers requested after seven days after dispatch will be granted at our discretion.

Shoes

All shoes should be tried on a carpeted surface before wear.

Lingerie & Swimwear

Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns may not be accepted if this strip has been removed or if items are soiled, and may be sent back to the customer.

Faulty goods

Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty.

If you would like to exchange a faulty item (instead of obtaining a refund), please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

Colours

INTELLECTUAL PROPERTY RIGHTS

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including theOutnet Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by theOutnet and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. TheOutnet tries to ensure that the information on this site is accurate and complete. TheOutnet does not promise that theOutnet's Content is accurate or error-free. TheOutnet does not promise that the functional aspects of the Site or theOutnet's Content will be error free or that this Site, theOutnet Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software Installed.

NO COMMERCIAL USE

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than theOutnet, including advertisers. TheOutnet has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

YOUR RIGHTS

You have certain rights under the law. These include, in England:

That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
Certain remedies if a product is defective; and
A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective (excludes Giveaways).

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

LIMITS ON OUR LIABILITY

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above).

If theOutnet breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and theOutnet at the time of you placing your order, and the Outnet despatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which beyond our reasonable control.

COMPENSATION

At our request, you agree to compensate us fully, defend us and hold us theOutnet harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and theOutnet as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of theOutnet, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

GOVERNING LAW

The TOS together with all our policies and procedures will be governed by and construed in accordance with the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.

Help