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LEGAL

Terms and Conditions of Use

These Terms and Conditions of Use govern the access to and use of our website and mobile apps, including theoutnet.com (collectively the “Website”), and apply to accounts created on our Website or mobile apps. The 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 "The Outnet" or "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 the 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 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, 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 You are responsible for maintaining the confidentiality and proper use of your 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 your improper use, loss or removal of such information.

2. Account Terms

(The "Website") provides you with the possibility of using the My Account services ("Account Services").

2.1. Services

The Vendor offers you the possibility of using the following Account Services, the availability of which 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.

2.2. Registration

2.2.1 If you want to use the Account Services you must: (i) be an adult user; (ii) , register on the Website and create your “My Account”; and (iii) accept these terms and conditions for using the Account Services (“Account Terms”). 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 Vendor 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.

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

2.3. Duration and Termination

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

2.3.2 You may, at any time and for any reason, cancel your subscription to the Account 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 Account Services. 

2.3.3 The Vendor reserves the right to cancel your registration to the Account Services in case of violation of the provisions contained in these General Terms and Conditions of Use, 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 Vendor also reserves the right to temporarily suspend, without prior notice, the provision of the Account Services for the time necessary for technical interventions necessary and/or appropriate to improve the quality of the Account Services. The Vendor may, at any time, interrupt the provision of the Account Services for security reasons. 

3. Website Policies

3.1 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

3.2 The Outnet may amend or update all or part of these Terms and Conditions of Use. Any amendments or updates to the Terms and Conditions of Use will be binding upon publication in this section of the website. You should therefore regularly access this section to check for the publication of the most recent and up to date Terms and Conditions of Use. If you do not agree to all or part of these Terms and Conditions of Use or any other Website policies, please do not access or use the Website.

3.3 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 un authorised 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. You must immediately inform the Vendor if you suspect that there has been unauthorised access to your My Account or that your password has been breached. 

3.4 You access to and use of the Website, including viewing web pages, communicating with The Outnet, downloading product information and making purchases on the Website may only be carried out exclusively for personal purposes which should in no way be connected to any trade, business or professional activity. The Outnet is entitled to cancel orders which do not comply with the General Terms and Conditions of Sale and these Terms and Conditions of Use, including this clause.

3.5 The Outnet shall not be considered liable for any use of the Website by any of its Users that is not compliant with applicable laws and regulations. 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.

3.6 Use of the Website is 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. Subject to your statutory rights and to the fullest extent permitted by applicable law, The Outnet accepts no further 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 any User's electronic equipment.

3.7 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, including via a denial-of-service attack, a distributed denial-of service attack or any similar action. By breaching this provision, you may be committing a criminal offence (e.g., in the UK 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.

4. Intellectual Property Rights

4.1 All content included on the Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, navigations, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions, HTML code, 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.

4.2 The Vendor and its content suppliers shall have the exclusive right to authorise 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, including any which may harm their honour or reputation.

4.3 Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorised in writing by the Vendor or its content suppliers must be carried out by you for lawful purposes only and in compliance with all applicable laws.

4.4 As far as the use of the Website is concerned, you are only authorised to: (i) view the Website and its Contents; . (ii) carry out temporary acts of reproduction (for non-commercial purposes), which are transient or incidental and an integral and essential part of viewing the Website and its Contents; and (iii) . Browse the Website for the lawful use of the Website and its contents. You are not authorised to reproduce the Website or its Contents by any other means or in any other 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.

4.5 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.

4.6 Other trademarks, logos, trade names, domain names and other distinctive signs used in connection with the Website or the products sold on the Website may be 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 authorisation of the Vendor or the applicable trademark owners.:

4.7 If you believe that any content available on the Website infringes your copyright, you may submit a written notice of the alleged infringement to us. Your notice should include the following information:

  • An electronic or physical signature of the person authorised 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 authorised 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 authorised to act on the copyright owner’s behalf.

4.8 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. Any unlawful or authorised 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.

4.9 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) or [INSERT EMAIL ADDRESS].

5. Links To Other Websites

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, any other terms and conditions, and privacy policies of any third party websites you access from the Website. We remind you that these 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.

6. 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 the Website: tonaffiliateteam@theoutnet.com. This contact is required for asking for our consent to link to the Website. 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: (i) the applicant who intends to activate links to the Website: (a) has previously engaged in unfair business practices or practices that do not comply with industry standards; (b) has sought to obtain an unfair competition actions against The Outnet or its suppliers; or (c) has previously engaged in actions discrediting The Outnet or the Website; or (ii), The Outnet fears the applicant may engage in such behaviour in the future. It is in any case forbidden to post deep links (such as deep frames) to the Website or to use unauthorised meta-tags without The Outnet's written consent.

7. Disclaimer of Content

7.1 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 the Website'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 the Website shall be your exclusive and personal responsibility. The Outnet has also adopted measures to ensure that the content of the Website 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 the Website. Moreover, The Outnet cannot guarantee that the Website will operate continuously, without interruptions, errors or malfunctioning.

7.2 In the event you encounter a problem with using the Website, please contact Customer Care. A consultant will be on hand to assist you and take steps to help you restore your access to the Website. However, before doing so, please first 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 take reasonable measures to ensure regular access to the Website, the dynamic nature of the internet and its content may not allow the Website to operate without any suspensions, interruptions or disconnections. The Outnet has implemented reasonable technical and organisational measures to protect the security of the Website, and the integrity of data and electronic communications relating to the Website. However, no transmission over the Internet or method of electronic storage is completely secure or error-free and The Outnet makes no guarantees in this regard.

7.3 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.

8. Disclaimer of Liability

8.1 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" , 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.

8.2 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.

8.3 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, 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, and
  • 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 authorised access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, 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.

      8.4 Nothing in the foregoing disclaimer of liability language shall serve to deny any consumer their rights under applicable law which cannot be excluded or limited by law, in which case some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional statutory rights.

      8.5 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 Terms and Conditions of Use, the Rreturn 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.

      8.6 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.

      9. Governing law and dispute resolution

      9.1 Without prejudice to any mandatory consumer protection laws applicable in your country of residence the General Terms and Conditions of Use are governed by the law of the State of New York.

      9.2 In the event of a dispute between the Vendor and you arising from these Terms and Conditions of Use, you and we both agree that the courts of the State of New York will have exclusive jurisdiction provided that nothing in this clause affects any mandatory rights you may have to bring proceedings in the courts of your country of residence.

      9.3 Please note that if you are located in the EU, the European Commission also provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.

      10. Amendments and updates

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

      11. Assignment

      These Terms and Conditions of Use, the General Terms and Conditions of Sale, and Return 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 these General Terms and Conditions of Use, the General Terms and Conditions of Sale, or Return 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 these General Terms and Conditions of Use, General Terms and Conditions of Sale, or Return Policy at any time.