General Terms and Conditions of Use
GENERAL TERMS AND CONDITIONS OF USE
Welcome to our website ("theoutnet.com"). These General Terms and Conditions of Use govern the access to and use of theoutnet.com. The access to and use of this website as well as the purchase of products on theoutnet.com are based on the assumption that these General Terms and Conditions of Use have been accepted by you. This website is managed and maintained by YOOX NET-A-PORTER GROUP S.p.A. ("THE OUTNET" or the “Vendor”) with registered office in Italy at Via Morimondo, 17, Milan 20143, business register number, tax code and VAT number 02050461207, fully paid share capital of EUR 1.339.762,93.
THE OUTNET may amend or update all or part of these General Terms and Conditions of Use. Any amendments or updates to the General Terms and Conditions of Use will be binding upon publication in this section of the website. We therefore ask that you regularly access this section to check for the publication of the most recent and up-to-date General Terms and Conditions of Use of theoutnet.com. If you do not agree to all or part of the General Terms and Conditions of Use of theoutnet.com, please do not use our website.
The access to and use of theoutnet.com, including viewing web pages, communication with THE OUTNET, downloading product information and making purchases on the website are carried out by our users exclusively for personal purposes which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of theoutnet.com and its contents. THE OUTNET shall not be considered liable for any use of the website and its contents by any of its users that is not compliant with the laws and regulations in force. You will specifically be liable for communicating information or data which is incorrect, false or concerning third parties without the latter’s consent, as well as for any improper use of such data or information.
Lastly, since all material will be downloaded or obtained via the Internet, use of theoutnet.com is chosen at the user’s own risk and the user is responsible for any damage to computer systems or loss of data as a consequence of downloading content from the website.
However, if defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, you may be entitled to a repair or compensation. Any such compensation will be limited to the replacement cost of your device (based on its second-hand value) or digital content, up to a maximum of £500. Otherwise, THE OUTNET accepts no responsibility for any damage resulting from inaccessibility to website services or from damage caused by viruses, corrupt files, errors, omissions, service interruptions, content deletion, problems with the network, with providers or telephone and/or data transmission connections, unauthorised access, data alteration, failure and/or malfunction of the user's electronic equipment.
You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
The user is responsible for maintaining the confidentiality and the proper use of his or her personal information, including the credentials for accessing restricted services, and is also responsible for any damage or harm which might arise against THE OUTNET or third parties as a result of the user's improper use, loss or removal of such information.
2. Intellectual Property Rights
Theoutnet.com's contents, including but not limited to, works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on theoutnet.com, including navigations, web pages, graphics, colours, schemes, tools, the website's fonts and design, diagrams, layouts, methods, processes, functions, HTML code and software which are part of theoutnet.com, and are protected by copyright and by all other intellectual property rights of THE OUTNET and the relevant rights holders. The reproduction, wholly or in part, and in any form whatsoever, of theoutnet.com and of its contents is forbidden without THE OUTNET's written consent. THE OUTNET has the exclusive right to authorise or prohibit any reproduction, be it direct or indirect, temporary or permanent, or in any other manner or form, and in whole or in part, of theoutnet.com and its contents. As far as the use of theoutnet.com is concerned, you are only authorised to view the website and its contents. You are also authorised to carry out all the other temporary acts of reproduction (other than for commercial or business purposes), which are transient or incidental and an integral and essential part of viewing theoutnet.com and its contents. You are also authorised to browse the website for the lawful use of theoutnet.com and its contents. You are not authorised to reproduce theoutnet.com and its contents by any means or in any form, neither in whole nor in part. Any reproduction must be authorised each time by THE OUTNET in writing or, if necessary, by the authors of the work posted on the website. Such reproductions must be carried out for lawful purposes in compliance with the copyright and other intellectual property rights of THE OUTNETand of the authors of the works posted on the website. The individual authors of works published on theoutnet.com are entitled at any time to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may harm their honour or reputation. You undertake to comply with the copyright of the artists who publish their work on theoutnet.com or who have cooperated with theoutnet.com in the creation of new forms of expression or new artistic forms which are intended for exclusive or non-exclusive publication on the website or that are an integral part of it. On no account are you authorised to use, in any manner or form whatsoever, the contents of the website or any single work protected by copyright or any other intellectual property right. By way of example, you may not alter or modify content or any protected work without THE OUTNET's consent and, where necessary, the consent of each author of the works published on theoutnet.com.
THE OUTNET is the exclusive owner of the logos and registered trademarks "THE OUTNET" and "theoutnet.com" and of any other sign which includes the word "THE OUTNET" and the domain name "theoutnet.com". THE OUTNET also owns the logo and registered trademark of our in-house label, Iris & Ink.
All of the other signs distinguishing products sold on theoutnet.com and posted on the website are registered trademarks of the respective owners and are used on theoutnet.com strictly for distinguishing, describing and advertising the products sold on theoutnet.com. THE OUTNET and all other registered trademark owners are entitled to the exclusive use of the trademarks they respectively own. You are not authorised, without the consent of THE OUTNET and of any other owner of the registered trademarks posted on the website, to use such trademarks for distinguishing products or services. Most of the trademarks posted on the website and concerning the products for sale on theoutnet.com are established and well known to the general public and to each user of theoutnet.com. Any unlawful or unauthorised use of such trademarks is prohibited and entails serious legal consequences. Such trademarks and any other distinctive mark posted on theoutnet.com must in no way be used for obtaining an unfair advantage from their distinctive character or reputation or in such a way as to damage them and their owners.
4. Links to Other Websites
5. Links to theoutnet.com
Please contact THE OUTNET at the following email address if you are interested in linking the home page and other publicly accessible web pages to theoutnet.com: firstname.lastname@example.org. This contact is required for asking for our consent to link to theoutnet.com. THE OUTNET grants links free of charge and on a non-exclusive basis. THE OUTNET is entitled to object to certain links to its website in the event that the applicant who intends to activate links to theoutnet.com has previously engaged in unfair business practices or ones that do not comply with industry standards or unfair competition actions towards THE OUTNET or its suppliers, or when THE OUTNET fears the applicant may engage in such behaviour in the future, or when the applicant has previously or it is feared that it may in the future engage in actions discrediting THE OUTNET and theoutnet.com. It is in any case forbidden to post deep links (such as deep frames) to theoutnet.com or to use unauthorised meta-tags without THE OUTNET's written consent.
6. Disclaimer of Content
THE OUTNET has made all efforts to prevent the publication on its website of content describing or representing scenes or situations of physical or psychological violence or which, according to the sensitivity of theoutnet.com's users, might be considered detrimental to civil beliefs, human rights and dignity, in all its forms and expressions. In any event, THE OUTNET does not warrant that the contents of the website are appropriate or lawful. If such contents are deemed unlawful or illegal in the country in which you are accessing the website, please do not access our website. If you choose to access it regardless, we hereby inform you that your use of the services provided by theoutnet.com shall be your exclusive and personal responsibility. THE OUTNET has also adopted measures to ensure that the content of theoutnet.com is accurate and does not contain any incorrect or out-of-date information in relation to the date of their publication on the website and also, as far as possible, subsequently. THE OUTNET, however, cannot be held liable for the accuracy and completeness of the content posted on theoutnet.com. Moreover, THE OUTNET cannot guarantee that the website will operate continuously, without interruptions, errors or malfunctioning linked to your Internet connection. In the event of a problem in using our website, please contact Customer Care. A consultant will be on hand to assist you and help you restore your access to the website as far as possible. Please contact your Internet services provider or check that the Internet connection and web content access is correctly activated on each device, including your Internet browser. Although THE OUTNET will try to do everything possible to ensure regular access to its website, the dynamic nature of the Internet and its content may not allow theoutnet.com to operate without any suspensions, interruptions or disconnections linked to updating the website. THE OUTNET has implemented technical and organisational measures to protect the security of services on theoutnet.com, the integrity of traffic data and electronic communications relating to unauthorised use of or access to data, to prevent the risk of dissemination, destruction and loss of data and confidential/non-confidential information regarding theoutnet.com users, and to prevent unauthorised or unlawful access to such data and information.
The personal opinions of the designers and labels whose products THE OUTNET sells, or any third parties with whom we are associated are their own and do not necessarily reflect the views of THE OUTNET and we accept no responsibility for any such views expressed in any media.
7. Our Business Policy
THE OUTNET has adopted a business policy; its mission is to sell products through its services and its website to "end consumers" only. "End consumer" means any individual who is acting on theoutnet.com for purposes which are outside his or her trade, business or profession. If you are not an end consumer, please do not use our services to buy products on theoutnet.com. THE OUTNET is entitled to cancel orders from persons other than end consumers and any other purchase order which does not comply with the General Terms and Conditions of Sale and these General Terms and Conditions of Use.
THE OUTNET does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. (only applicable to the UK)
9. Governing Law and Dispute Resolution
These General Terms and Conditions of Use, their subject matter and formation, are governed by English law. In the event of a dispute between THE OUTNET and you arising from the General Terms and Conditions of Use, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Please note that the European Commission also provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.