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General Terms and Conditions of Sale

General Terms and Conditions of Sale

The following General Terms and Conditions of Sale govern the offer and sale of products on our website www.theoutnet.com (the “Website”). The products purchased on the Website are sold by YNAP Corporation (the “Vendor”), an affiliate of YOOX NET-A-PORTER GROUP S.p.A.


Any inquiries should be addressed to our Customer Care team. For further assistance, please go to our help section where you will find information on orders, shipping, refunds and returning products purchased on theoutnet.com.


For any other legal information, please visit the following sections of the Website: General Terms and Conditions of Use, Privacy Policy and Return Policy.

   

1.  Our Business Policy

    
1.1

The Vendor offers products for sale on the Website and its e-commerce business services exclusively to adult users of the Website who are at least eighteen (18) years of age (the “Users” or “you”) for personal use and not for resale.

    

1.2
The Vendor reserves the right not to process orders for any or no reason, including without limitation orders that do not comply with the Vendor’s business policies, such as orders for which there are reports or suspicion of fraudulent or illegal activity. In such cases, the order will be considered null and void, and the Vendor will inform the User in writing that the order will not be filled.

 
1.3   

These General Terms and Conditions of Sale regulate only the offer, transmission and acceptance of orders relating to products on the Website between the User(s) and the Vendor.

  

1.4 
The General Terms and Conditions of Sale do not apply to the provision of services or the sale of products by third parties that are present on theoutnet.com via links, banners or other hypertext connections. Before placing orders and purchasing products and services from third parties, we recommend that you verify their terms and conditions. Under no circumstances shall the Vendor be deemed liable for the supply of third party services or for the execution of e-commerce transactions between users of theoutnet.com and third parties.

  

2.  Placing of Orders

  
2.1
To place an order for one or more products on theoutnet.com, you must add items to your shopping bag, enter your billing/shipping address, select your delivery option and choose your payment method to complete your order.

  

2.2
Before proceeding to purchase, we ask that you carefully read the General Terms and Conditions of Sale and the Return Policy. You may wish to print a copy using the print option and keep it safe for your own personal use.

   

Before completing your purchase, on the order confirmation page, we will provide you with:

    

  • a link to these General Terms and Conditions of Sale and the Return Policy;
  • a summary of the main characteristics of each product ordered and an itemized list of  each product’s unit price (including all applicable fees and taxes);
  • the total amount to be paid and the applicable terms of payment;
  • available payment methods
  •  shipping methods, name of carrier, mode of transportation, place of delivery and shipping and delivery costs (including any additional fees you may be charged if you choose expedited shipping or shipping different from standard shipping);
  • any additional charges payable to a third party which amount cannot be determined by the Vendor (such as customs duties);
  •  the currency in which amounts are expressed;
  • the estimated delivery date of the products; and
  • our return policy (including any costs associated with the return of products).

  

2.3
When you proceed to purchase, you are obligated to pay the price indicated therein as set forth in Section 4.2. Before order completion, you will be asked to identify and correct any possible input errors.

   

2.4     
The order shall be deemed completed when the Vendor receives your order in our database, the order information has been verified as correct and the Vendor accepts the order by sending an automatic acknowledgement of receipt containing the General Terms and Conditions of Sale, a summary of the Return Policy, and all the information contained in the summary of commercial and contractual conditions displayed before submitting the order. The Vendor shall not be bound to supply any products which may have been part of your order until the order of such products has been confirmed in the shipment confirmation email.

   

2.5   
You may access your order under “View All Orders” within your account. The information contained in the order will be kept in our system only for the time required to process your order and as otherwise required by applicable law.

   

2.6  
Orders are processed in the order they are received.  The Vendor may not process orders that are incomplete or incorrect, or if the products are no longer available. 

 

In this event, we shall inform you via email that the Vendor has not processed your purchase order, specifying the reasons thereof. If the products displayed on theoutnet.com are no longer available or for sale at the time your order is received, then the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day you place your order to the Vendor. The Vendor reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address; or you have not complied with these General Terms and Conditions of Sale. If so, the Vendor will notify you as soon as possible of such cancellation and require you to return the products if they have already been delivered to you.

   
The Vendor reserves the right not to process orders in the cases outlined in sub-section 1.2.

 

2.7  
By placing an order, you unconditionally accept the provisions of these General Terms and Conditions of Sale, as well as the other Website policies, including the General Terms and Conditions of Use, Privacy Policy and the Return Policy. Should you not agree with certain provisions of these General Terms and Conditions of Sale or any other Website policies, please do not complete your purchase on theoutnet.com.

      

3. Products and Prices

     
3.1     
The Website theoutnet.com exclusively sells luxury and high end products. These products are purchased by the Vendor from fashion houses, manufacturers and dealers, carefully selected for their stringent quality control.

   

The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. The Vendor reserves the right to modify or discontinue any product offered for sale on the Website at any time without notice.

   
3.2    
The main characteristics of the products are shown on each product page on theoutnet.com. The images and colors of the products offered for sale on theoutnet.com may not correspond exactly to the true garments due to the Internet browser or monitor used. 

  
3.3    
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. Please check the final price before placing your order. All prices listed on the Website are in US Dollars. In the event of a recognizable error in the indication by the Vendor of the product price or calculation of the amount requested at payment, the Vendor will reject the order and contact the user to offer them the opportunity to purchase the product(s) at the correct price or to cancel the order. If we are unable to contact you, the order will be treated as cancelled.

     

Prices do not include sales taxes, which will be added at checkout. The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment and applicable law. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the shopping bag may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email.

   
3.4
The Vendor will not accept orders from countries not listed on the Website.

     

4. Payment

       
4.1   
Payment of the price of the products, shipping and delivery costs must be made using one of the methods indicated on the payment page.

   

4.2      
If paying by credit/debit card, your credit card information, such as credit card number and expiration date, will be sent via an encrypted protocol to the banks which provide remote electronic payment services to the Vendor. Except as provided in the Vendor’s Privacy Policy, these details will not be used by the Vendor except for processing your purchase order, issuing refunds in the event any products are returned, or for reporting cases of fraud on the Website to the competent authorities. The price of the products, delivery costs and applicable sales taxes indicated on the order summary page will be charged to your account when the Vendor is ready to ship the products.

  

5. Gift cards

   

Gift Cards are no longer available to purchase. For assistance with redeeming existing gift cards, please contact Customer Care.

    

6. Store Credit

   

Store credit is no longer offered as a refund method but you can still shop and pay with any remaining store credit. To check your balance or place an order using existing store credit, contact Customer Care.

   

7. Promotional codes  

       
7.1     

Promotional codes allow you to take advantage of a discount on your purchase on theoutnet.com.

         
7.2      

The promotional code box is displayed on the payment page at checkout: after you have added items to your Shopping Bag, enter your promo code and then press the “submit” button for the discount to be applied.


 7.3  

Promotional codes are non-transferable and there is no cash alternative. They cannot be used in conjunction with any other promotional code or offers unless otherwise stated.


7.4 

If for any reason you wish to return an item to which you applied the promotional code, you should follow the standard return procedure, as described in the Return Policy. Once your return has been accepted, the respective code can be used again if it hasn’t expired. The difference in price between the promotional code and the item you purchased will be reimbursed, according to the time frame of the applicable refund procedure.

  
8. Clearance sales     

   

8.1       

Clearance sales are open to all registered customers.

   
8.2 

Customers must be registered to participate in Clearance sales.  

    

8.3

All items are sold on a first come, first served basis and must be purchased before the relevant clearance timer expires.

   

8.4   

All sales are final.

  

9. Shipping and Delivery


Once your order is shipped, we will email you a shipping confirmation with a tracking number to enable you to track your package at all times. For information about product shipping and delivery procedures, please visit our help section. Please read it carefully, as the information provided therein is an integral part of these General Terms and Conditions of Sale and, therefore, you will be deemed to have read and accepted them when you place your order. 
    
Delivery dates indicated at checkout or in the order confirmation email are estimates only and shall not be deemed final by the Vendor.  The Vendor will not be liable for failure to ship or deliver the products as estimated, and you will not be entitled to any refunds or cancellation of orders as a result of delayed shipment.

      

You bear all risks of loss and damage to the products from the time the goods have left our warehouse. Responsibility of the goods passes to you once they have been received.

   

10. Customer Care

    

If you have any questions, please contact our Customer Care team before placing your order. For more information, please visit our help section.

    

11. Return Policy

     

Items should be returned unused, and with all THE OUTNET and designer garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused. Please review our Return Policy prior to completing your purchase.

    

12. Limitation on Liability

     

THE VENDOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE VENDOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON THE ORDER CONFIRMATION. THE VENDOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA.

    

NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS.

    

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE VENDOR IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, THE VENDOR’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.

    

CERTAIN STATE LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  

13. Privacy Policy

     

13.1
You will find information on how we process your personal data in our Privacy Policy

   
13.2
If you haven't already done so, please also read our General Terms and Conditions of Use since they contain important information on the security use.

  

13.3   
For further information on our Privacy Policy, you can contact Customer Care or send a request to the Vendor’s office (YNAP Corporation, 100 Fifth Avenue, 11th Floor, New York, NY 10011).

   

14. Force Majeure

    

The Vendor shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

  

15. Errors and Inaccuracies

   

Our goal is to provide complete, accurate, and up-to-date information on the Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and you have received the email confirming receipt of the order, and to change or update information at any time without prior notice.

 

16. Governing Law and Dispute Resolution

    

These terms are governed by New York law. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.

  
17. Amendments and Updates

   

The Vendor may amend or update all or any part of the Website policies including these General Terms and Conditions of Sale at any time in its sole discretion. Any amendments or updates to the General Terms and Conditions of Sale shall be effective upon publication in their respective sections of the Website. Please access the General Terms and Conditions of Sale on the Website regularly in order to check whether the General Terms and Conditions of Sale have been updated. If any provision of any part of these General Terms and Conditions of Sale shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining General Terms and Conditions of Sale.