Terms & Conditions

BORN OUTSIDE ITALY

Terms & Conditions of Use of the Website and of Sale

1 – GENERAL PROVISIONS

www.bornoutsideitaly.com website (the “Website”) is operated by Born Outside Trading LLC, a limited liability company incorporated under the laws of the United Arab Emirates, with commercial license number 1248282 and its registered office at PRO Box Business Centre, Sara Building, Garhoud, Dubai, United Arab Emirates (“BOT”, “we”, “us”, “ours”), owner of the registered brand “BORN OUTSIDE ITALY”. The Website is provided to you for your personal use subject to these terms and conditions (“Use and Sale Terms”) and any other rules posted on the Website, including our Privacy and Cookies Policy (together the “Terms and Conditions”). These Terms and Conditions also apply to all sales of the products distinguished by the brand “BORN OUTSIDE ITALY” (the “Products”) for sale on the Website, carried out through the Website (the “Sales”).

By visiting the Website you agree to be bound by, consent to comply with, and consent to the practices described in these Terms and Conditions, which govern your access and use of the Website and all content and functionalities, including the Sales, available on the Website (or any of our other websites and related micro-sites accessed through the URL www.bornoutsideitaly.com and related domain names, the “Services”).

If you wish to use our Services, you must read and agree to be bound by our policies relating to those Services and Sales. In particular, your attention is drawn to our policies relating to these Use and Sale Terms and our Privacy and Cookies Policy.

The Services are intended for persons who have capacity to contract in their country, province or territory of residence or, if they do not have such capacity, whose parent or legal guardian agree to their use of the Services.

Persons considered minors for the purposes of entering into a contract within their country of residence, or under the age of 18, shall not register as a user of the Website and shall not transact on or use the Website. 

 

2 - REGISTRATION

Certain Services and related features, such as but not limited to, newsletters, which may be made available on the Website may require registration or subscription to enable your use of them. Should you choose to register or subscribe for any such Services or related features, you agree to provide complete, accurate and current information about yourself, and to promptly update such information if there are any changes. We may change our registration or subscription requirements from time to time. As a user of the Website, you are solely responsible for keeping passwords and other account identifiers safe and secure. As a user of the Website, you are entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us immediately of any unauthorized use of your password or account. BOT shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this paragraph. You may be liable for any losses incurred by us or third parties in connection with such unauthorized use.

Before uploading or providing any personal data to this Website, please read carefully our Privacy and Cookies Policy.

 

3 - YOUR INFORMATION

You are responsible for your use of the Website, for any information, text, graphics, photos or other materials which you upload or post to the Website (collectively “Your Information”), and for any consequences thereof. Most information you submit, post, or display through the Website is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide information that you are willing to share with others under the Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy). When posting Your Information, you agree not to make comments that are not factual in nature, including, without limitation, making any racist comments, using profanity, abusing another user, disrespecting another culture or gender or religion or any other derogatory or inappropriate comments. We may not monitor or control Your Information and we cannot take any responsibility – with the exceptions of those expressly indicated in our Privacy and Cookies Policy - for Your Information. Any use or reliance on Your Information, or content provided by any party other than BOT, such as other users (“Other Information”) or obtained by you through the Website is at your own risk. Your Information may be moderated and may take up to 48 hours to be displayed, but BOT does not commit to checking all Your Information or Other Information and will not be liable for the same. If you have a complaint about any posts, please contact our Customer Service using the contact details provided below. BOT reserves the right, at its sole discretion, not to publish or to remove any of Your Information or Other Information that it believes may be unlawful, gender discriminatory, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data or improperly uses the medium for promoting and advertising businesses.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of Other Information or endorse any opinions expressed via the Website. You understand that by using the Website, you may be exposed to Other Information that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be liable in any way for any of Your Information or Other Information, including, but not limited to, any errors or omissions in Your Information or Other Information, or any loss or damage of any kind incurred as a result of the use of Your Information or Other Information posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere.

By submitting, posting or displaying Your Information on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Information in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for BOT to provide, promote, and improve the services it provides and to make Your Information available to other companies, organizations or individuals who partner with BOT for the syndication, broadcast, distribution or publication of Your Information on other media and services, subject to our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy) for Your Information use. Such additional uses by BOT, or other companies, organizations or individuals who partner with BOT, may be made with no compensation paid to you with respect to Your Information.

We may modify or adapt Your Information in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Information as are necessary to conform and adapt Your Information to any requirements or limitations of any networks, devices, services or media. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Information, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy), including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of BOT, its users and the public.

You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to these Use and Sale Terms), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Your Information in such a manner as to interfere with or create an undue burden on the Website.

 

4 – ELIGIBILITY

The purchase of Products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the applicable laws.

In order to make purchases on the Website, you must provide your personal details, including your real first and last name, valid mobile telephone number, alternate contact phone number, valid e-mail address, payment details, valid billing address and other requested information as indicated. You represent and warrant that the payment details you provide are valid, complete and correct and confirm that you are the person referred to in the billing information provided, or have been explicitly authorised by the person referred to in the billing information provided by you to use and share their information.

The Website is only available to persons who meet BOT terms of eligibility, those who hold a valid credit/debit card by a bank acceptable to BOT, and those who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the Product(s) which they purchase. Products purchased are for personal or gift use only and shall not be re-sold, used for commercial purposes or for any other commercial benefit. BOT reserves the right to restrict multiple quantities of an item being shipped to any one customer or delivery address.

By making an offer to purchase Products(s), you expressly authorize BOT to perform credit checks and to transmit or obtain your credit/debit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit/debit card, obtain an initial credit/debit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy and Cookies Policy for more information about how we use your personal data.

 

 5 - Identification of the vendor 

The vendor is Born Outside Trading LLC, a limited liability company incorporated under the laws of the United Arab Emirates, with commercial license number 1248282 and its registered office at PRO Box Business Centre, Sara Building, Garhoud, Dubai, United Arab Emirates. 

The United Arab Emirates is our country of domicile.

 

 6 - ORDERS FOR THE PRODUCTS

Information on Products (along with the relevant Product codes) and relevant prices are available on the Website.

The Products appearing for sale on the Website are subject to acceptance and availability. If, for any reason following the placement of an order for Product(s), we are unable to supply a particular Product, we will inform you as soon as possible, cancel your order in respect of the relevant Product(s) and refund you or re-credit your account for any sum that has been paid by you or debited from your credit/debit card for the Product(s) which cannot be supplied by us.

We reserve the right to restrict quantities available for purchase at our sole discretion. Quantity restrictions may be applied per order, per individual or household, to orders that use the same payment method, billing and/or shipping address, or otherwise as deemed appropriate by us at our sole discretion.

All orders are subject to acceptance. We reserve the right to refuse or cancel an order for any reason, including inaccuracies, or errors in Product or pricing information, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within these Use and Sale Terms or any other problem identified by us at our sole discretion.

BOT will store a record of your transactions for the period required by applicable legislation.

Before submitting an order through the Website, you shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the return policy and the Privacy and Cookies Policy statement), along with these Use and Sale Terms. 

Sending of the order constitutes an offer to purchase the selected Product, regulated under these Use and Sale Terms and binding for you (with no prejudice to the return policy. The sending of the order proposal by you obligates you to pay the price of the ordered Product(s) if the order is accepted and confirmed by BOT. 

Once 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, it is a confirmation that we have received it.

Unless cancelled, acceptance of your order will be perfected upon completion of the packing of your order by us. Completion of the contract between you and BOT will be perfected when we dispatch the Products to you, at which time you will receive a second email confirming that your order has been dispatched. The sale contract is therefore concluded in the United Arab Emirates and the language of the contract is English. Neither our third-party payment processor nor our nominated courier has the authority to accept an order on behalf of BOT.

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 Product from the Website, whether or not that Product has been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Every effort is made to make sure all details on the Website are accurate, however we may from time to time discover an error in the pricing of Products. If we discover an error in the pricing of a Product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the Product(s), we shall refund the full amount or re-credit your account in such sum as soon as we are able. In the event that Products are recalled in transit, we will process your refund/re-credit once the Products have been returned to us.

By confirming your purchase at the end of the order process, you agree to accept and pay the full amount payable for the Product(s) as set out in your order, including any delivery charges applicable to that order.

BOT will not trade with or provide any Services in contradiction to any existing sanctions, including any economic or financial sactions law, regulations or trade embargoes or similar restrictions imposed, administrated or enforced from time to time by any sanctionning authority, including, but not limited to, the to, the Office of Foreign Assets Control of the United States Department of the Treasury (OFAC).

 

7 - PRICES AND PAYMENT METHODS

The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an invitation to treat by BOT. 

The prices and related taxes and charges shall be expressed:

  • For sales in the United Arab Emirates, in UAE Dirhams (AED).
  • For sales in the Kingdom of Saudi Arabia, in Saudi Arabian Rials (SAR).
  • For sales in the State of Kuwait, in Kuwaiti Dinar (KWD).
  • For sales in the EU, in Euro (EUR)
  • For sales in the rest of the world in US Dollars.

When ordering from within the United Arab Emirates, Kuwait and Qatar all additional charges such as VAT/tax and duties are included in the given price. When ordering from KSA, Bahrain and Oman VAT will be included at checkout. When ordering from countries other than those stated above, all prices exclude VAT/tax and duties. Price also excludes costs for physical inspection at customs in countries where this is required. Please note that we cannot undervalue orders or mark them as a gift.

We currently ship DDP (Delivery Duty Paid) to all GCC countries. All other locations are shipped to on a DDU (Delivery Duty Unpaid) basis. Shipping is free everywhere, using standard services from Aramex and Quiqup in the UAE and DHL internationally. 

We accept all most common payment methods:

  • Credit/Debit Card: We currently accept Visa and Mastercard credit cards.
  • Payment wallet: We accept Mada, STC Pay, Knet, Kfast.
  • Unfortunately, at this stage we are not able to accept cash on delivery, but we are working on it. We apologize for the inconvenience.

 All credit/debit card payments are subject to validation checks and authorization by the issuer. If the issuer of the credit/debit card refuses to authorize payment, we will not be liable for any delay or non-delivery. We will cancel your order and contact you for an alternative method of payment.

The details on the credit/debit card used to make the payment must match the exact ID information of the cardholder as held by the issuer. Payment will be debited and cleared from your account upon completion of the shipping of your order by BOT. 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.

You, as cardholder must retain a copy of transaction records and our Use and Sale Terms.

No credit/debit cards’ details will be stored, sold, shared, rented or leased to any third parties except by our online payment gateway service provider.

You are responsible for maintaining the confidentiality of your account.

We take reasonable care to make the Website secure. We can only accept payments via 3D Secure (Verified by VISA/Mastercard SecureCode). This payment method is 100% secure and guarantees that the person using the card is the cardholder by putting the customer in direct contact with the bank to verify their purchase. If you have any questions regarding 3D Secure, please contact your bank.

We take 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 Website.

If your payment did not go through and/or you received a notification that your credit or debit card has been declined, we advise you to try another card/payment method or contact your bank. Possible reasons for declined payments are invalid payment method, incorrect billing details or bank issues.

  

8 - TITLE TO PRODUCTS

Title to the Products in your order will pass to you once they have been shipped. Risk in the Products in your order passes to you on delivery.

 

9 - Guarantee of authenticity and intellectual property rights

BOT guarantees the authenticity of all Products purchased on the Website. Products bearing “BORN OUTSIDE ITALY” trademark are produced with materials, are manufactured by artisans, and are all rigorously and fully MADE IN ITALY.

“BORN OUTSIDE ITALY” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging,  together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, as well as all copyright, trademarks, trade names, trade dress, designs of the Website, other intellectual property and material, rights on and relating to the Website including g software and all HTML and other code contained in the Website, page headers, images, texts, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads and video clips (collectively, the “IP”) are and shall at all times remain vested in BOT and/or are the property of their respective owners, and are protected by the United Arab Emirates and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only as expressly authorized by BOT and/or its third party licensors provided, however, that you (i) do not modify or alter the IP in any way; and (ii) do not provide or make available the IP to any third party in a commercial manner. You will not acquire any copyright, trademark or other proprietary rights whatsoever in the IP. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP or our Website. The IP may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the IP is strictly prohibited.

BOT is the exclusive owner or licensee of the IP (as applicable) and is the exclusive licensee of the www.bornoutsideitaly.com domain name.

 

10 - PRODUCTS’ WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS SOLD THROUGH THE WEBSITE ARE SOLD "AS IS" WITH NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOT AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. You acknowledge that no employee of BOT or its affiliates is authorized to make any representation or warranty on behalf of BOT or any of its affiliates that is not in these Use and Sale Terms. BOT also makes no warranties to you with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within your territory. 

 

11 - CONTENT

BOT provides no warranty as to the accuracy of the content on the Website, nor does it warrant that such content is error free or reliable or that your use of the content will not infringe the rights of third parties. BOT does not warrant that the functional aspects of the Website or its content will be error free or that the Website, its content or the server that makes it available are free of viruses or other harmful components. If your use of the same results in any damage or the need for servicing or replacing property, material, equipment or data, BOT is not responsible in any way for those costs. BOT makes no warranty regarding the Website’s content, software, text, downloads, graphics or links, or any results from using the Website and you bear the entire risk of the completeness, accuracy or usefulness of any content on this Website. BOT reserves the right to withdraw any content from the Website at any time and for any reason. Removal may be immediate and without notice. You confirm that BOT is not liable to you or any third party for any such withdrawal.

We endeavour to provide an accurate description of the Products on our Website and to display the colours of the Products as accurately as possible. We cannot guarantee that your monitor’s display of any colour will be accurate.

The personal opinions of the designers and labels whose Products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of BOT and we accept no responsibility for any such views expressed in any media.

 

12 - INDEMNIFICATION

To the extent permitted by applicable law, you agree, at our request, to defend, indemnify, and hold harmless BOT and its affiliates, including their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, any breach by you of our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy) or the use by any other person accessing the Website using your Internet account. BOT reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Use and Sale Terms and your use of the Website.

 

13 - AVAILABILITY

You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and that BOT cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Website, and that (iii) the operation of the Website may be adversely affected by conditions and performances outside BOT’s control, such as, for example, transmission and telecommunication links between BOT and you and between BOT and other systems and networks.

BOT may at any time, temporarily or permanently modify or interrupt, all or part of the Website in order to perform maintenance work and/or make improvements and/or changes to the Website. BOT is not liable for any modification to or suspension or interruption of the Website.

 

14 - DISCLAIMER

Our website is provided by BOT on an “as is” and “as available” basis. BOT makes no representations or warranties of any kind, expresses or implied, as to the operation of our website or the information, content or materials included on our website. To the full extent permitted by the applicable law and except as expressly provided in our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy), BOT disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, reasonable care and skill or non-infringement. You acknowledge, by your use of the Website, that your use of our website is at sole your risk. This disclaimer constitutes an essential part of our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy).

To the maximum extent permitted by law, this Website, its materials, contents, and services are provided on an "as is" and "as available" basis. BOT provides no warranty or guarantee in connection with this website, its materials, contents, or services, including, by way of example, that it will always be available, without interruption or errors in functioning, that defects will be corrected, or that it will be safe from malicious programs (such as viruses, bugs, malware or similar)), that it is merchantable, that it is suitable for any particular purposes, or that (except as expressly stated in our Privacy and Cookies Policy) any information you may provide or activities you engage in the course of your use of this Website or any hyperlinked website are secure and expressly declines any such warranties. to the extent that applicable law does not allow the exclusion of implied warranties, the above exclusions of implied warranties may not apply to you. 

BOT works to ensure that the information made available through the Website is accurate and up to date. however, BOT cannot guarantee the accuracy of such information or that such information is free from errors or omissions and BOT makes no warranty, and shall have no liability, in respect of the same.

 

15 - LIMITATION OF LIABILITY

The use of the Website or any of the Services or Products available thereon is at your own risk, and unless otherwise stated in our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy), you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or Products available thereon.

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BOT OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BOT OR BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL BOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTHING IN THESE GENERAL CONDITIONS SHALL EXCLUDE OR LIMIT (I) BOT’S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM BOT’S NEGLIGENCE; (II) BOT’S LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. 

 

16 - MISCELLANEOUS

We reserve the right to modify these Use and Sale Terms at any time without notice to you. Any modifications of these Use and Sale Terms will be effective once published on our website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Use and Sale Terms. Please read the Use and Sale Terms and check back often. If you do not agree to any change to the Use and Sale Terms, then you must immediately stop using the Website.

Our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy) constitute the whole legal agreement between you and BOT and govern your use of the Website and all Services and sale of the Products available thereon and completely replace any prior agreements between you and BOT in relation to the same.

You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and BOT may stop providing the same (or any features within them) to you or to users.

You understand that you are solely responsible for (and that BOT has no responsibility to you or to any third party for) any breach of your obligations under our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy) and for the consequences (including any loss or damage which BOT may suffer) of any such breach.

If BOT does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of BOT’s rights.

You and BOT are independent contractors, and these Use and Sale Terms will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and BOT. 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 out in the Use and Sale Terms. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Use and Sale Terms.

If any of the provision of our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy) is held to be illegal or unenforceable, the other terms of our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy) shall not be affected and shall remain in full force and effect.

These Use and Sale Terms are reproduced in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail.

 

17 - Applicable Law; MEDIATION; Arbitration

Our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy) are governed by the laws of the United Arab Emirates.

In the event of a dispute arising out of or relating to your use of the Website and/or relating our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy) , including any question regarding its existence, validity or termination thereof, and/or the relationships (including all Sales of the Products) which result from the use of this Website and/or from our Terms and Conditions (including these Use and Sale Terms and our Privacy and Cookies Policy), the parties shall first seek settlement of that dispute by mediation in accordance with the Mediation Rules of the Dubai International Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause.

If the dispute is not settled by mediation within 45 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause.

The language to be used in the mediation and in the arbitration shall be English.

The governing law of the contract shall be the substantive law of United Arab Emirates.

In any arbitration commenced pursuant to this clause,

(i) the number of arbitrators shall be one; and

(ii) the seat and place of arbitration shall be Dubai International Financial Centre-DIFC.

 

18 - CUSTOMER SERVICE

You can find answers to the most frequently asked questions on our FAQ page.

For any inquiry regarding your online order, please contact our Customer Service team via any of the following channels, available Monday to Saturday from 9AM-6PM UAE time.

Our current response time is around 24 hours.

 

19 - ADDITIONAL TERMS AND CONDITIONS FOR "Sneaker Haul worth AED 7000" GIVEAWAY

Each month we will give entrants the chance to win a Sneaker Haul worth AED 7000 (4 pairs of sneakers). People can enter through our website form, by subscribing to our newsletter and providing email and/or mobile phone number.   There is one giveaway per month. The winner will be drawn from all applicants who have successfully completed the signup process. No case alternative is available. The decision of the promoter is final and no correspondence will be entered into.

 

  1. Introduction

1.1. These special terms and conditions apply to the "Sneaker Haul worth AED 7000" giveaway (the “Giveaway") organized by  Born Outside Trading LLC, a limited liability company incorporated under the laws of the United Arab Emirates, with commercial license number 1248282 and its registered office at PRO Box Business Centre, Sara Building, Garhoud, Dubai, United Arab Emirates (“BOT”, “we”, “us”, “ours”), owner of the registered brand “BORN OUTSIDE ITALY”(the “Promoter") and shall supplement what is already provided by the Use and Sale Terms and by the Privacy and Cookies Policy of the Website (the “Giveaway Special Terms and Conditions”).

 1.2. By entering the Giveaway, participants agree to be bound by these Giveaway Special Terms and Conditions.

 1.3. No purchase or payment of any kind is necessary to enter or to win this Giveaway. A purchase shall not increase your chances of winning.

 

  1. Eligibility

2.1. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Giveaway is open to residents of the UAE (United Arab Emirates), aged 18 years or over, except employees of the Promoter, their families, agents, or any third party directly associated with the administration of the Giveaway.

 2.2. Participants must provide a valid email address to enter the Giveaway. Providing a phone number is optional and will grant an additional chance to win.

 

  1. Entry Requirements

3.1. The Giveaway is ongoing with monthly draws held on the last Friday of each month (the “Giveaway Period").

 3.2. To enter the Giveaway, participants must:

- Provide their email address via the entry form on the Promoter's Website or social media platforms.

- Optionally, participants may provide their phone number for an additional chance to win.

 3.3. Each participant is allowed one entry per month. Providing both an email address and a phone number counts as two entries with an additional chance to win.

 

  1. Prize

4.1. The prize is a Sneaker Haul worth AED 7000 ("the Prize").

 4.2. The value of the Prize will not exceed AED 7000.

 4.3. The Prize is non-transferable, non-exchangeable, and no cash alternatives will be offered.

 4.4. The Promoter reserves the right to substitute the Prize with another prize of equal or greater value if circumstances beyond the Promoter’s control make it necessary to do so.

 

  1. Winner Selection and Notification

5.1. The winner will be chosen at random from all valid entries received during the Giveaway Period.

 5.2. The draw will take place on the last Friday of each month.

 5.3. The winner will be notified via email within 5 days of the draw. If the participant provided a phone number, they may also be notified via phone.

 5.4. If the winner does not respond to the Promoter within 7 days of being notified, the winner’s Prize will be forfeited, and the Promoter will be entitled to select another winner in accordance with the process described above.

 5.5. No correspondence will be entered into regarding the selection of the winner.

 

  1. Data Protection and Publicity

6.1. By entering the Giveaway, participants agree to the collection, retention, usage, and distribution of their personal information in order to process and contact them about their Giveaway entry and in accordance with the Website Privacy and Cookies Policy.

 6.2. The winner agrees to the use of their name and image in any publicity material related to the Giveaway.

 

  1. General

7.1. The Promoter reserves the right to cancel, suspend, or amend the Giveaway and these Giveaway Special Terms and Conditions where it becomes necessary to do so.

 7.2. The decision of the Promoter regarding any aspect of the Giveaway is final and binding and no correspondence will be entered into.

 7.3. Participation constitutes acceptance of these Giveaway Special Terms and Conditions. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 7.4. The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability, which cannot be excluded by law (in which case such liability is limited to the maximum extent allowable by law). The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with the Giveaway if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including without limitation technical malfunctions or failures. Tax implications may arise from the receipt or use of a prize. Independent financial advice should be sought.

7.5. If for any reason this Giveaway is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Giveaway subject to any eventual written directions under the applicable law. The Promoter also reserves the right, at its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Giveaway. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation in or downloading any materials in this Giveaway.

  7.6. The Giveaway and Giveaway Special Terms and Conditions will be governed by the laws of the United Arab Emirates.

In the event of a dispute arising out of or relating to the Giveaway and/or to your use of the Website and/or relating to the Giveaway Special Terms and Conditions (including our Use and Sale Terms and our Privacy and Cookies Policy), including any question regarding its existence, validity or termination thereof, and/or the relationships which result from the participation to the Giveaway and/or the use of this Website, the parties shall first seek settlement of that dispute by mediation in accordance with the Mediation Rules of the Dubai International Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause.

If the dispute is not settled by mediation within 45 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause.

The language to be used in the mediation and in the arbitration shall be English.

The law applicable to the merit shall be the substantive law of United Arab Emirates.

In any arbitration commenced pursuant to this clause,

(i) the number of arbitrators shall be one; and

(ii) the seat and place of arbitration shall be Dubai International Financial Centre-DIFC.

 

 

20 - ADDITIONAL TERMS AND CONDITIONS FOR "WIN A TRIP TO ITALY" PROMOTION

One off raffle to win the chance to win a trip to Italy to explore where Born Outside Italy shoes are made, visit the factory, meet the founders, explore new upcoming products, and live the Italian lifestyle.  The trip will take place 16-18 October, with a planned scheduled as per below

    • Day 1, land in Venice at lunch time, meet the founders, understand the story behind the brand and experience the Italian heritage that inspires us. Sleep in Venice (art / food / fashion)
    • Day 2, move to factory, meet our designer, understand creative process, see upcoming products, try them, provide feedback. Guided tour of the factory to understand the process to go from design to final product. Transfer to Milan, aperitivo, dinner, drinks
    • Day 3, personal time, flight back
  1. Introduction: These special terms and conditions apply to the "Win a Trip to promotion, (hereon referred to as the “Promotion”)organized by  Born Outside Trading LLC,  organized by  Born Outside Trading LLC, a limited liability company incorporated under the laws of the United Arab Emirates, with commercial license number 1248282 and its registered office at Pro Box Business Centre, Sara Building, Garhoud, Dubai, United Arab Emirates (“BOT”, “we”, “us”, “ours”), owner of the registered brand “BORN OUTSIDE ITALY” and shall supplement what is already provided by the Use and Sale Terms and by the Privacy and Cookies Policy of the Website  By entering the Giveaway, participants agree to be bound by these Giveaway Special Terms and Conditions.No purchase or payment of any kind is necessary to enter or to win this Giveaway. A purchase shall not increase your chances of winning.
  2. Eligibility: the “Promotion” is open only to legal residents of the United Arab Emirates, who are at least eighteen (18) years old at the time of entering the Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations and void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these terms & conditions and Born Outside Trading LLC’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  3. Timing: The Promotion begins on August 15th, 2024 at 12:00 A.M. Gulf Standard Time (“GST”) and ends on September 30th, 2024 at 11:59 P.M. Gulf Standard Time (the “Promotion Period”). Winner will be announced on October 01st, 2024.Administrator’s computer is the official time-keeping device for this Promotion.
  1. How to Enter: People can enter through our website form, by subscribing to our newsletter and providing email and/or mobile phone number. There is only one raffle draw to be conducted and the winner will be announced on October 01st, 2024. The winner will be drawn from all applicants who have successfully completed the signup process. No case alternative is available. The decision of the promoter is final and no correspondence will be entered into.
  2. Limit: Each participant is eligible to make up to one (1) draw entry. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void the entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Born Outside Trading LLC is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, and any such entries will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. Any identification documents required must be shared from the same email address during the time of the newsletter subscription that was submitted within the promotion period.
  3. Winner Selection and Notification: The winner will be chosen at random from all valid entries received during the Promotion period. The draw will take place on the 1st of October 2024. The winner will be notified via email within 5 days of the draw. If the participant provided a phone number, they may also be notified via phone. If a potential winner of the prize cannot be contacted within 7 days, or prize is returned as undeliverable, such potential winner will be automatically forfeiting the prize
  4. Winner: The potential winner is subject to verification by Born Outside Trading LLC, whose decisions are final and binding in all matters related to the promotion. An entrant is not a winner of the prize, even if the promotion should so indicate, unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete. Born Outside Trading LLC will not accept screenshots or any form of evidence other than original documents in lieu of its validation process.The winner must be eligible to enter Italy or must process, at his/her own expense, the required travel documents and/or visas to travel to Italy.
  1. Verification of Potential Winner: The potential winner must continue to comply with all the terms and conditions of these terms & conditions and any winning through the Promotion is contingent upon fulfilling all requirements.In the event that the potential Prize winner is disqualified for any reason (such as visa rejection/delay, death or unable to travel for any reason), Born Outside Trading LLC will award the Prize to an alternate winner by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in these Official Rules.
  2. Prize: There is one (1) prize available to be won in total, consisting of a Trip to Italy for one (1) adult on economy class including:
    1. Economy class return flight ticket
    2. Airport transfers in Italy
    3. Hotel accommodation for 2 nights
    4. All the mea
Note: any other expenses not mentioned here are to be borne by the winner. For the avoidance of doubt, the prize does not include airports transfers in Dubai, visa costs, medical insurance, travel insurance, excess baggage, in-flight expenses or other expenses unless otherwise stated, or any other costs of a personal nature not stated for the winner. Any such costs will be the sole responsibility of the winner and must be settled directly with the vendor/supplier.
  1. Booking Confirmation: Once your booking is confirmed, you will receive electronic/physical travel documents. These travel documents establish your booking with a major international airline and allow you to travel. It is the passenger’s responsibility to check that all the information on the ticket is correct and to have all appropriate travel documents and visas (if required). Once the tickets are issued, they are non-refundable, non-transferable and no modifications are permitted. At check in, the passenger must provide ticket documents and Passport and all documents required for international travel. Any upgrades, paid or free, are at the sole discretion of the airline and in the event of a successful paid upgrade, the refund of the awarded ticket from Born Outside Trading LLC will not be accepted, and the refund of the paid upgrade will be subject to the airline’s sole discretion. Winner is solely responsible for their own conduct while accepting the prize and agrees to comply with all applicable laws and regulations pertaining to use and enjoyment of the prize. Born Outside Trading LLC will not replace any lost tickets. No cash equivalent and the ticket is non-transferable and no substitution will be made except as provided herein at the Born Outside Trading LLC’s sole discretion. Born Outside Trading LLC reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. In the event of denial to enter Italy by government officials, due to any reason, no refunds, modifications, airport transfers, alternate options will be provided – the prize will be automatically forfeited. In such a situation, the cost of the return ticket is the sole responsibility of the winner, and Born Outside Trading LLC will not be liable for any costs. The winner may be asked to reimburse the Born Outside Trading LLC for any costs due to the discontinuation of the trip, such as hotel/flight bookings or any additional costs incurred by the Born Outside Trading LLC.
  1. Release: By receipt of the prize, winner agrees to release and hold harmless Born Outside Trading LLC and their respective parent, subsidiary, and affiliate companies, suppliers, distributors, and advertising/promotion agencies, as well as each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt, use, or misuse of the prize.
  2. Publicity: Except where prohibited, participation in the Promotion constitutes the winner's consent to Born Outside Trading LLC’s and its agents’ use of winner’s name, photograph, voice, opinions for promotional purposes in any media, worldwide, without further payment or consideration.
  3. General Conditions: Born Outside Trading LLC reserves the right to cancel, suspend and/or modify the Promotion, or any part of it if any fraud, technical failures or any other factor beyond Born Outside Trading LLC’s reasonable control impairs the integrity or proper functioning of the promotion. Born Outside Trading LLC’s failure to enforce any term of these terms & conditions shall not constitute a waiver of that provision.
  4. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of the prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the promotion, provided that it is not possible to award another entry due to discontinuance of the Promotion, or any part of it; for any reason, Born Outside Trading LLC, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these terms & conditions to be available and/or claimed, Born Outside Trading LLC reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
  5. Entrant’s Personal Information: Information collected from entrants is subject to the Born Outside Trading LLC’s Privacy Policy.
  6. Disputes: The Giveaway and Giveaway Special Terms and Conditions will be governed by the laws of the United Arab Emirates. In the event of a dispute arising out of or relating to the Giveaway and/or to your use of the Website and/or relating to the Giveaway Special Terms and Conditions (including our Use and Sale Terms and our Privacy and Cookies Policy), including any question regarding its existence, validity or termination thereof, and/or the relationships which result from the participation to the Giveaway and/or the use of this Website, the parties shall first seek settlement of that dispute by mediation in accordance with the Mediation Rules of the Dubai International Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. If the dispute is not settled by mediation within 45 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be English. The law applicable to the merit shall be the substantive law of United Arab Emirates. In any arbitration commenced pursuant to this clause,the number of arbitrators shall be one; and the seat and place of arbitration shall be Dubai International Financial Centre-DIFC.