Welcome to our website ("yoox.com"). These General Terms and Conditions of Use govern the access to and use of yoox.com. The access to and use of this website as well as the purchase of products on yoox.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. ("YOOX" or the “Vendor”), company subject to the management and coordination of Compagnie Financière Richemont S.A., 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 #CAPSOC#.
The access to and use of yoox.com, including viewing web pages, communication with YOOX, 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 yoox.com and its contents. YOOX 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 otherwise via use of the service chosen at the user's own risk, 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, YOOX 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 YOOX or third parties as a result of the user's improper use, loss or removal of such information.
2. Intellectual Property Rights
yoox.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 yoox.com, including menus, web pages, graphics, colours, schemes, tools, the website's fonts and design, diagrams, layouts, methods, processes, functions and software which are part of yoox.com, and are protected by copyright and by all other intellectual property rights of YOOX and the relevant rights holders. The reproduction, wholly or in part, and in any form whatsoever, of yoox.com and of its contents is forbidden without YOOX's written consent. YOOX 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 yoox.com and its contents. As far as the use of yoox.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 yoox.com and its contents. You are also authorised to browse the website for the lawful use of yoox.com and its contents. You are not authorised to reproduce yoox.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 YOOX 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 YOOX and of the authors of the works posted on the website. The individual authors of works published on yoox.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 yoox.com or who have cooperated with yoox.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 YOOX's consent and, where necessary, the consent of each author of the works published on yoox.com.
YOOX is the exclusive owner of the logos and registered trademarks "Yoox" and "yoox.com" and of any other sign which includes the word "YOOX" and the domain name "yoox.com".
All of the other signs distinguishing products sold on yoox.com and posted on the website are registered trademarks of the respective owners and are used on yoox.com strictly for distinguishing, describing and advertising the products sold on yoox.com. YOOX and all other registered trademark owners are entitled to the exclusive use of the trademarks they respectively own. You are not authorized, without the consent of YOOX 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 yoox.com are famous and well known to the general public and to each user of yoox.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 yoox.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 yoox.com
Please contact YOOX at the following e-mail address if you are interested in linking to the home page and other publicly accessible web pages of yoox.com: firstname.lastname@example.org. This contact is required for asking for our consent to linking to yoox.com. YOOX grants links free of charge and on a non-exclusive basis. YOOX is entitled to object to certain links to its website in the event that the applicant who intends to activate links to yoox.com has previously engaged in unfair business practices or ones that do not comply with industry standards or unfair competition actions towards YOOX or its suppliers, or when YOOX 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 YOOX and yoox.com. It is in any case forbidden to post deep links (such as deep frames) to yoox.com or to use unauthorised meta-tags without YOOX's written consent.
6. Disclaimer of Content
YOOX 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 yoox.com's users, might be considered detrimental to civil beliefs, human rights and dignity, in all its forms and expressions. In any event, YOOX 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 services provided by yoox.com shall be your exclusive and personal responsibility. YOOX has also adopted measures to ensure that the content of yoox.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. YOOX, however, cannot be held liable for the accuracy and completeness of the content posted on yoox.com. Moreover, YOOX cannot guarantee that the website will operate continuously, without interruptions or without errors or malfunctioning linked to Internet connection. In the event of a problem in using our website, please contact our Customer Care. A representative 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 each device for Internet connection and web content access is correctly activated, including your Internet browser. Although YOOX 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 yoox.com to operate without any suspensions, interruptions or discontinuity linked to updating the website. YOOX has implemented technical and organisational measures to protect the security of services on yoox.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 yoox.com users, and to prevent unauthorised or unlawful access to such data and information.
7. Our Business Policy
YOOX 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 yoox.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 yoox.com. YOOX reserves the right not to accept order proposals from persons other than end consumers and any other order proposal which does not comply with the General Terms and Conditions of Sale and these General Terms and Conditions of Use.
YOOX 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
These General Terms and Conditions of Use, their subject matter and formation, are governed by English law. In the event of a dispute between YOOX 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.