Terms and Conditions of Use

These General Terms and Conditions of Use govern the access to and use of our website and mobile apps, theoutnet.com (the “Website”), as well as Terms and Conditions applicable to Accounts created on our website or mobile apps. This Website is managed and maintained by subsidiaries or affiliates of The Outnet Ventures LLC (599 Broadway, 3rd Floor, 10012 New York – NY) collectively referred as the “Vendor”.

If you need any assistance, click here to visit our Help section, where you will find information on orders, shipping, exchanges/refunds and returning products purchased on Website, a link to register to the site, tips and suggestions, and other general information on the services provided by the Website. For more information you can also contact our Customer Care.

1. Users

1.1 The Outnet (the "Vendor") offers products for sale and its e-commerce business services on the Website exclusively to adult users of the Website (the “Users” or “you”) for personal use and not for resale. By accessing, browsing or using the Website and/or its services, you represent and warrant that you are at least eighteen (18) years of age. The Vendor reserves the right, in its sole discretion, to terminate User accounts, discontinue services and to edit or cancel orders.

1.2 The user is responsible for maintaining the confidentiality and 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. Website Policies

2.1 For any other legal information concerning your access to, use of, and purchases made on the Website or the way the Website may use and collect your personal data, please read the Website’s General Terms and Conditions of Sale, Return Policy and Privacy Policy, which are incorporated into these General Terms and Conditions of Use by this reference.

2.2 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 Website. Your access to and use of the Website are based on the assumption that these General Terms and Conditions of Use have been read, understood and accepted by you. If you do not agree to all or part of these General Terms and Conditions of Use or any other Website policies, please do not access or use the Website.

2.3 Upon creation of your User account, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Website. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to anyone. You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release the Vendor, any third party content providers and licensors, and their respective directors, officers, employees, affiliates, agents and other representatives, from any and all liability concerning such transactions and other activities. You agree to notify the Vendor immediately of any actual or suspected loss, theft or unauthorized use of your User account or password. The Vendor has no obligation to inquire as to the authority or propriety of any use of, or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with this provision.

2.4 The access to and use of Website, 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 the Website 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 the Website 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.

3. License

3.1 All content included on the Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the exclusive property of the Vendor or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of the Vendor, or its content suppliers, as the case may be, in each specific instance. The Vendor and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. The Vendor and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Website and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by the Vendor or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

3.2 The viewing, printing or downloading of any Content from the Website grants you only a limited, revocable, non-exclusive and non-transferable license to (i) access and view the Website and Content, and (ii) copy, download and store the Content temporarily (e.g. in a temporary cache) to enable printing and/or offline viewing of such Content, solely for your personal non-commercial use and not for resale, republication, distribution, assignment, sublicense, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

4. Privacy Policy

4.1 We recommend that you read the Privacy Policy, which also applies to users who access theoutnet.com and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes theoutnet.com collects and uses your personal information.

5. Intellectual Property Rights

5.1 The Website'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, colors, 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 authorize 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 authorized to view the website and its contents. You are also authorized 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 authorized to browse the website for the lawful use of theoutnet.com and its contents. You are not authorized to reproduce theoutnet.com and its contents by any means or in any form, neither in whole nor in part. Any reproduction must be authorized 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 Outnet and 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 honor 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 authorized 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.

6. Trademarks

6.1 The Outnet (the "Vendor") 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.

6.2 All of the other trademarks, logos, trade names, domain names and other distinctive signs used in connection with the Website or the products sold on the Website are registered trademarks of their respective owners. The Vendor and all other registered trademark owners have exclusive rights to use their respective trademarks. You are not granted any rights in or to the trademarks used on the Website, and you agree not to use such trademarks without the prior written authorization of the Vendor or the applicable trademark owners:

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

- A description of the copyrighted work that you claim has been infringed upon;

-A description of the material located on the Website that you claim to be infringing;

- Your address, telephone number, and e-mail address;

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

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

6.3 Most of the trademarks posted on the website and concerning the products for sale on the Website are established and well known to the public and to each user of The Website. Any unlawful or unauthorized use of such trademarks is prohibited and entails serious legal consequences. Such trademarks and any other distinctive mark posted on The Website 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.

6.4 The Vendor’s copyright agent for notice of claims of copyright infringement can be contacted at the following address: The Outnet Ventures LLC (599 Broadway, 3rd Floor, 10012 New York – NY).

7. Links To Other Websites

7.1 The Website may contain hyperlinks to other websites operated by unaffiliated third parties and which are in no way connected to the Website. The Vendor does not operate, control, monitor, endorse, or guarantee the accuracy or quality of the content, services or goods provided on third party websites or their content. The Vendor shall not be held liable for the content of these websites or the policies adopted by them, including without limitation their privacy policies. Please carefully read the terms and conditions of use, terms and conditions of sale and privacy policies of any third party websites you access from the Website. We remind you that these General Terms and Conditions of Use and the Privacy Policy do not apply to websites operated by third parties. The Website provides links to other websites exclusively for its users’ convenience and to help them browse content of interest, and by providing hyperlinks to third party websites, the Vendor does not recommend that its users access such third party websites or warrant the offerings or content of such websites.

8. Links To theoutnet.com

8.1 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: tonaffiliateteam@theoutnet.com . 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 behavior 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 unauthorized meta-tags without The Outnet's written consent.

9. Disclaimer of Content

9.1 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.

9.2 In the event of a problem with 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 organizational measures to protect the security of services on theoutnet.com, the integrity of traffic data and electronic communications relating to unauthorized 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 unauthorized or unlawful access to such data and information.

9.3 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.

10. Our Business Policy

10.1 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.

11. Disclaimer of Liability

11.1 The Website and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Website are provided by the Vendor on an "as is", "where is" and "as available" basis, unless otherwise specified in writing. The Vendor makes no representations or warranties of any kind, express or implied, as to the operation of the Website or its functioning or the information, content, materials, products (including software) or services included on or otherwise made available to you through the Website, unless otherwise specified in writing. Neither the Vendor nor any third party content providers or licensors, nor their respective directors, officers, employees, affiliates, agents or other representatives shall have any liability or responsibility for any errors or omissions in the content of the Website, for your action or inaction in connection with the Website or for any damage to your computer or data, or any other damage you may incur in connection with the Website or your use thereof.

11.2 You expressly agree that your use of the Website is at your sole risk. You specifically acknowledge that neither the Vendor nor any of its affiliates, nor their respective directors, officers, employees, affiliates, agents or other representatives are liable for the defamatory, offensive or illegal conduct of other users or third-parties and that any risk of injury related to the foregoing rests entirely with you. Without limiting the foregoing, the Vendor does not represent or warrant that the Website is secure, the Website or the server supporting the website will be virus-free, the information on the Website is error-free, accurate, complete, reliable, useful, timely or current or that the Website will operate without interruption or error.

11.3 To the full extent permissible by applicable law, the Vendor disclaims all warranties, express or implied, including, but not limited to, implied warranties of quality, merchantability, non-infringement, and fitness for a particular purpose. The Vendor does not warrant that the Website, information, content, materials, products (including software) or services included on or otherwise made available to you through the Website, its servers, or e-mail sent from the Vendor are free of viruses or other harmful components. The Vendor will not be liable for any damages of any kind arising from the use of the Website or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages or any loss of profit, revenue, opportunity or data, unless otherwise specified in writing. This disclaimer of liability applies, without limitation, to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action (including extra-contractual liability). If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.

11.4 Nothing in the foregoing disclaimer of liability language shall serve to deny any consumer the right to bring a product liability claim pursuant to the law, in which case some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

11.5 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 (i) these general terms and conditions of use, the return policy or the privacy policy or any of the features or functionalities of the Website or its content, or your use or inability of use thereof, the vendor’s liability shall not exceed the amount paid for use thereof or access thereto; or (ii) any product sold through the Website, the Vendor’s liability shall be strictly limited to the sale price of that product.

11.6 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.

12. Governing law and dispute resolution

12.1 Without prejudice to the application of EU-derived mandatory consumer protection provisions, the General Terms and Conditions of Use are governed by the law of the State of New York.

12.2 In the event of a dispute between the Vendor and you arising from the General Terms and Conditions of Use, you and we both agree that the courts of the State of New York will have exclusive jurisdiction.

12.3 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.

13. Amendments and updates

13.1 The Vendor may amend or update all or any part of the Website policies including these General Terms and Conditions of Use at any time in its sole discretion. Any amendments or updates to the General Terms and Conditions of Use shall be effective upon publication in their respective sections of the Website. Please access the General Terms and Conditions of Use on the Website regularly in order to check whether the General Terms and Conditions of Use have been updated. If any provision of any part of these General Terms and Conditions of Use 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 Use.

14. Assignment

14.1 The Website’s General Terms and Conditions of Use, General Terms and Conditions of Sale, Return Policy and Privacy Policy are binding on you and the Vendor and on your and the Vendor’s respective heirs, representatives, successors and assigns, and are for the benefit of the Vendor, its third party content providers and licensors, and their respective directors, officers, employees, affiliates, agents and other representatives. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under the Website’s General Terms and Conditions of Use, General Terms and Conditions of Sale, Return Policy or Privacy Policy without the Vendor’s specific prior written consent. The Vendor may transfer, assign, charge, sub-contract or otherwise dispose of its rights and obligations under the Website’s General Terms and Conditions of Use, General Terms and Conditions of Sale, Return Policy or Privacy Policy at any time.

THE OUTNET ACCOUNT

Our website www.theoutnet.com (the “Website”) provides you with the possibility of using the My Account services ("Services"), offered by subsidiaries or affiliates of The Outnet Ventures LLC (599 Broadway, 3rd Floor, 10012 New York – NY) collectively referred as the “Vendor”. 

1. Services

The Vendor offers you the possibility of using the following Services, whose availability varies depending on your country/region:

- View Wish List: keep track of the pieces you love.

- View All Orders: track the progress of your order, review previous purchases or arrange a return.

- Manage Address Details (“Address Book”): Amend your billing and delivery address so your purchases arrive where you need them.

- Update Payment Details: View and amend saved payment information.

- Update Login & Email Preferences: Make changes to your account details and tell us which emails you'd like to receive.  

- Participate in the OUTNET REWARDS program, subject to reaching the spending threshold set out in The Outnet Rewards Terms and Conditions.

2. Registration

2.1 If you want to use the Services you must be an adult user, register on theoutnet.com creating your My Account and accept these terms and conditions for using the services (“Conditions”). Registration is free. To create your My Account, you will need to fill out the registration form by entering the required information and guarantee to THE OUTNET that the information provided during the registration process is complete, correct and truthful. We will send you an email to confirm your registration. We remind you that the credentials to access your My Account must be used exclusively by you and cannot be transferred to third parties. Notwithstanding the legal limitations, THE OUTNET cannot in any way be held responsible in the event that unauthorized third parties access your My Account. We therefore ask you to keep your credentials confidential and to immediately inform THE OUTNET if you suspect that there has been unauthorized access to your My Account or that your password has been violated. 

2.2 It may be necessary to use electronic communication channels for the provision of some services (such as e-mail or telephone). If you want to use these specific services, you will be asked to give your consent to be contacted by THE OUTNET for the related communications by email or other communication channel. 

2.3 If you have not already done so, we also ask you to consult our General Terms and Conditions of Use which form an integral part of these Conditions. For any other legal information, consult the General Terms and Conditions of Sale, Return Policy and Privacy Policy of theoutnet.com.  

3. Duration and Termination

3.1 Registration with the services will be effective from the moment you receive the confirmation email and for the entire period in which you use the services. 

3.2 You may, at any time and for any reason, cancel your subscription to the services by sending a request to our Customer Care by emailing  customercare@theoutnet.com as described in our Help section available here. In case you have exercised the right of withdrawal, we will send you an email to confirm the cancellation from the services. 

3.3 THE OUTNET reserves the right to cancel your registration to the services in case of violation of the provisions contained in these Conditions, or in the event that complete, truthful and correct personal data has not been provided, without prejudice to the right to compensation for the damage suffered. THE OUTNET also reserves the right to temporarily suspend, without prior notice, the provision of the services for the time necessary for technical interventions necessary and/or appropriate to improve the quality of the services. THE OUTNET may, at any time, interrupt the provision of the services for security reasons. 

4. Warning on the services

THE OUTNET does its best to provide accurate services. Without prejudice to the legal limits, the services are provided free of charge as they are ("AS IS"). THE OUTNET does not provide any guarantee, by way of example but not limited to, the quality, the proper functioning, the absence of interruptions or the suitability of the services for an objective or a particular result set by the user.  

5. Modification and Updating

These Conditions are modified from time to time also in consideration of possible regulatory changes. The new Conditions will be effective from the date of publication on theoutnet.com. Therefore, you are requested to regularly access this section in order to check the publication of the most recent and updated conditions.