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TERMS AND CONDITIONS


The following TOS and Service and any other rules posted on our Site (collectively the "TOS") constitute an agreement between NET-A-PORTER LLC ("NET-A-PORTER", "we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the NET-A-PORTER website and related micro-sites accessed through the URL www.net-a-porter.com and related domain names, and any other website or micro-site of NET-A-PORTER (collectively the "Site").


By visiting the Site, you are accepting and consenting to the practices described in the TOS.


We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.


Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about NET-A-PORTER's Privacy Policy before you register to use this Site or any of this Site's services.


Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.


Registration
Eligibility to purchase
Orders
Pricing policy
Sale price adjustment policy
Acceptance of your order
Payment
FTBC Donations
Insurance and delivery
Tracking your order
Returns and exchanges
Intellectual property rights
Content
No commercial use
Your activity
Third party
General
Indemnification
Digital millennium copyright act
General legal terms


REGISTRATION

To use some of the services or features made available to you on this Site, you will need to register and create an account. You may never use another end user's account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure and notify NET-A-PORTER immediately of any breach of security or unauthorized use of your account. Although NET-A-PORTER will not be liable for your losses caused by any unauthorized use of your account, you may be liable for NET-A-PORTER's losses or others due to such unauthorized use.


We may change registration requirements from time to time. When you register and create an account, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customercare.usa@net-a-porter.com. You may also want to view our Privacy Policy.


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ELIGIBILITY TO PURCHASE

The purchase of merchandise through NET-A-PORTER LLC ("NET-A-PORTER") is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.


In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.


The Site is available only to individuals and others who meet the NET-A-PORTER terms of eligibility, who have been issued a valid credit card by a bank acceptable to NET-A-PORTER, and who have authorized NET-A-PORTER to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. NET-A-PORTER reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.


By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where NET-A-PORTER feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.


Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.


Please refer to our Privacy Policy for further information about how we use your data.


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ORDERS

All orders are subject to acceptance and availability.


NET-A-PORTER offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to NET-A-PORTER. NET-A-PORTER will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer/supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at NET-A-PORTER. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.


Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit card within thirty days of being advised that merchandise has become unavailable.


If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.


Please note that items in your shopping basket are not reserved and may be purchased by other customers.


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PRICING POLICY

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to New York State. No other tax or import duty will be applied to orders shipped within the USA.


All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.


Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during selling period.


Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you, We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.


If you are a customer whose credit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.


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SALE PRICE ADJUSTMENT POLICY

NET-A-PORTER is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your NET-A-PORTER account in the form of a store credit which will be valid for 12 months.


We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.


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ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.


Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and NET-A-PORTER will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of New York, USA, and the language of the contract is English.


We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.


Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.


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PAYMENT

Payment can be made by Visa, MasterCard, American Express, Visa Debit, Visa Delta, Electron and JCB cards and any other methods which may be clearly advertised on the site from time to time. Payment will be debited and cleared from your account upon completion of the packing of your order by NET-A-PORTER. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.


If the issuer of your payment card refuses to authorize payment to NET-A-PORTER, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.


Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit card, we will not charge you for the item or any taxes, shipping or handling charges.


We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using ChasePaymentech, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered NET-A-PORTER user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.


To help ensure that your shopping experience is safe, simple and secure NET-A-PORTER uses Secure Socket Layer (SSL) technology.


Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.


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FTBC DONATIONS

Transactions are processed upon clicking the 'DONATE NOW' button. The transaction will not appear on your order confirmation receipt or email but will be shown on your card statement as 'FTBC DONATION'.



All FTBC donations are non-refundable.


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INSURANCE AND DELIVERY

NET-A-PORTER insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by NET-A-PORTER and transfer of responsibility in the same way.


Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, NET-A-PORTER are not responsible for any delays caused by destination customs clearance processes


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TRACKING YOUR ORDER

You can check the current status of your shipment by signing into your account and selecting ORDER STATUS. Simply type in your unique tracking number which we emailed to you, and we will track your shipment for you.


NET-A-PORTER will store a record of your transactions for a minimum of one year.


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RETURNS AND EXCHANGES

RECEIVING YOUR RMA

If you wish to return an item, a Returns Merchandise Authorization (RMA) number should be requested online within 14 days of receiving your order. A RMA should be requested as follows:


1. Sign into your account and under My Orders, select the order number containing the items you would like to return.
2. Click on the RETURN/EXCHANGE AN ITEM button and choose the reason why you want send your item(s) back. If an item is faulty, please provide details why.
3. If you would like to exchange an item because the fit isn't right, choose the replacement size.
4. To request a refund, select how you would like to be credited. This needs to match the original payment method used. Please note, store credit is valid for one year from issue date.
5. Check the box to agree with our Return Policy. You will then receive an email containing your RMA number which is valid for seven days.


RETURNING YOUR PURCHASE

Making a return for a refund, store credit, or exchange is easy using either our Domestic Returns or International Returns service outlined below. See costs for Shipping and Returns.



Domestic returns service:


1. Book a free collection with UPS by calling 1 800 823 7459. Alternatively, drop your shipment off at your local UPS store or at any UPS facility. To find your nearest store visit www.ups.com New York Premier customers will be contacted by the Premier team to arrange a collection.
2. For domestic returns service, select the 'Second Day Air' option and quote our account number provided with your RMA. You will also need your tracking number which begins with '1Z'.
3. Complete and sign a copy of the returns proforma invoice enclosed with your order and include it with your return.
4. Attach the UPS label on the outside of the box and leave your package open until the driver has checked the contents.


International returns service:


We are currently in the process of changing our shipping carrier for all international orders from UPS to DHL. While there may be a period of transition, we recommend that you identify whether your order was delivered by UPS or DHL and then follow the steps below that correspond.

UPS

1. Book a free collection with UPS by calling 1 800 823 7459. Alternatively, drop your shipment off at your local UPS store or at any UPS facility. To find your nearest store visit www.ups.com.
2. Complete and sign the four copies of the returns proforma invoice enclosed with your order and include them with your return.
3. Attach the UPS label on the outside of the box and leave your package open until the driver has checked the contents.


DHL


1. Book a free collection with DHL. To find the telephone number of your nearest DHL, visit www.dhl.com and select your country. Please give our account number as stated in your RMA email.
2. Sign the four copies of the returns proforma invoice that you received with your order (and fill in the DHL air waybill if applicable).
3. Leave your package open until the driver has checked the contents.

You'll be notified by email once your return has been received and processed.


EXCHANGES

Please note we can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.


To exchange an item, you will need to sign into your account and create an exchange specifying the new size you require, following the instructions detailed above.


Shipping is complementary on the replacement item, but exchanges made to destinations outside of the U.S. will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. See costs for Shipping and Returns.


GIFT RETURNS

If you have received an item as a gift, you may exchange it for a store credit to your NET-A-PORTER account (you will need to register your details). The amount is automatically deducted from your next purchase and will be valid for one year. Please be aware that you may need to pay any cost difference, additional shipping, taxes and import duties. To arrange a return, please email customercare.usa@net-a-porter.com.


RECEIVING A REFUND

Your refund will either be credited to the original purchaser's credit card or NET-A-PORTER account, as applicable. Your refund amount will exclude shipping costs (with the exception of faulty items) which we deduct to cover the cost of our collection service.


If your order has been sent to a destination within New York, all sales taxes will be refunded. Outside the United States, customs duties and sales taxes are non-refundable. However, you may be able to recover these by contacting your local customs bureau directly. Exchanges made to destinations outside of the US will be processed for customs clearance, any relevant import duty and tax charges will apply.


IMPORTANT INFORMATION


OUR POLICY

Items should be returned unused and with all NET-A-PORTER and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be returned to the customer.


Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.


Please email customercare.usa@net-a-porter.com if any of your purchases have been delivered without NET-A-PORTER tags.


All items returned should have a Return Merchandise Authorization (RMA) number. Unidentified returns may be returned to the sender.


LATE RETURNS

Please seek to request RMA numbers within 14 days from receipt of your order. We recommend returned item shipments should be post-marked within 7 days from the date you receive your RMA number.


Returns outside these timeframes are accepted at the discretion of NET-A-PORTER and may only be refunded as a store credit. Please note that RMA numbers requested more than 14 days after receipt of your order will be granted at our discretion.


SHOES

All shoes should be tried on a carpeted surface before wear.


LINGERIE & SWIMWEAR

Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns that do not have this strip or which are soiled may not be accepted, and may be sent back to the customer without a refund.


FAULTY GOODS

Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty.


If you would like to exchange a faulty item (instead of obtaining a refund), please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.


COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.


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INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including NET-A-PORTER Software and all HTML and other code contained in this Site, shall remain at all times vested in NET-A-PORTER and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by NET-A-PORTER and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.


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CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. NET-A-PORTER tries to ensure that the information on this site is accurate and complete. NET-A-PORTER does not warrant or represent that NET-A-PORTER's Content is accurate, error-free or reliable or that your use of NET-A-PORTER's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. NET-A-PORTER does not warrant that the functional aspects of the Web Site or NET-A-PORTER's Content will be error free or that this Web Site, NET-A-PORTER Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or NET-A-PORTER's Content results in the need for servicing or replacing property, material, equipment or data, NET-A-PORTER is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. NET-A-PORTER and its suppliers make no warranties about NET-A-PORTER Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. NET-A-PORTER reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that NET-A-PORTER is not liable to you or any third party for any such withdrawal.


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NO COMMERCIAL USE

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.


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YOUR ACTIVITY

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.


You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.


You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.


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THIRD PARTY

We may include hyperlinks on this Site to other websites or resources operated by parties other than NET-A-PORTER, including advertisers. NET-A-PORTER has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.


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GENERAL

While NET-A-PORTER will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.


We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.


To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of New York.


You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.


You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.


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INDEMNIFICATION

At our request, you agree fully to defend, indemnify and hold harmless NET-A-PORTER immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.


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DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:



Please contact our Copyright Agent as follows:
NET-A-PORTER LLC
30-30 47th Avenue, Long Island City, NY 11101
Attn: Copyright Agent
Tel: 347-468-8012


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GENERAL LEGAL TERMS

(a) Complete Terms: The TOS constitute the whole legal agreement between you and NET-A-PORTER and govern your use of the Services and completely replace any prior agreements between you and NET-A-PORTER in relation to the Services. Notwithstanding the foregoing, you understand that NET-A-PORTER may make changes to the TOS from time to time. When these changes are made, NET-A-PORTER will make a new copy of the TOS available at http://www.net-a-porter.com. You agree that NET-A-PORTER is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.


(b) Modifications to the Services: NET-A-PORTER is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which NET-A-PORTER provides may change from time to time without prior notice to you. You further acknowledge and agree that NET-A-PORTER may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at NET-A-PORTER's sole discretion, without prior notice to you.


(c) Confidentiality: You understand that NET-A-PORTER grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NET-A-PORTER reserves the right to revoke these exceptions either generally or in specific cases.


(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that NET-A-PORTER has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which NET-A-PORTER may suffer) of any such breach.


(e) Rights Not Waived: You agree that if NET-A-PORTER does not exercise or enforce any legal right or remedy which is contained in the TOS (or which NET-A-PORTER has the benefit of under any applicable law), this will not be taken to be a formal waiver of NET-A-PORTER's rights and that those rights or remedies will still be available to NET-A-PORTER.


(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.


(g) Governing Law: The TOS, and your relationship with NET-A-PORTER under the TOS, shall be governed by the laws of the State of New York. You and NET-A-PORTER agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.


(h) Violation of TOS: Please report any violations of the TOS by emailing customercare.usa@net-a-porter.com


(i) Independent Relationship: You and NET-A-PORTER are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and NET-A-PORTER. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.


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