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General Terms and Conditions of Use and Sale

(last update 03/18/2024)

 

To see the previous version, visit the page General Terms and Conditions of Use and Sales

Fashion Group Prato srl (hereinafter also “FASHIONPO” or “service provider”) provides the user (hereinafter also “Customer”) website functionality and other products and services when he/she visits or makes purchases on www.fashionpo.com (hereinafter also the “site”) and uses services provided by FASHIONPO or the app for mobile devices.

By using the Site, the user declares to know the following terms and conditions of use and sale, the Privacy Policy and the Cookies Policy published therein, which he/she fully accepts. If the user does not accept this, he or she is not invited to use this Site.

The following terms and conditions (“General Terms and Conditions of Use and Sale” or “GTC”), together with the additional terms and conditions contained in the “Privacy Policy” and in the “Cookie Policy”, govern the provision of services offered by the company Fashion Group Prato S.r.l., with registered office in Via del Carmine no. 11, 59100 Prato (PO), VAT no./Tax Code. IT02346630979, registered in the Business Registry of the Chamber of Commerce of Prato REA PO-526461, email info@fashionpo.com, certified email fashiongrouppratosrl@legalmail.it, tel +390574729286.

Access to the Site and related services is intended exclusively for Users as identified below.

 

DEFINITIONS, PREMISES AND ATTACHMENTS

For the purposes and effects of these General Terms and Conditions of Use and Sale, the following applies:

- “User” and/or “Customer”: the legal person, located within the EU, who acts for purposes related to any entrepreneurial, commercial, craft or professional activity carried out, or one of its intermediaries. To this end, please note that users with registered office outside the Italian territory, in order to complete any purchase of goods on the website, must be registered in the VIES and/or in any case in possession of a valid and active VAT number in the country of membership or in any case be in possession of documents certifying the status of company/legal person; the User is therefore required to communicate any changes to the data and the company statute for tax and commercial purposes. In fact, the User is solely responsible for the accuracy of the data provided as a buyer;

- “Services”: the offer and sale of Products on the Site, on the App and related services;

- “Purchase Order”: the purchase proposal submitted by the user electronically to the Service Provider;

N.B. In the event that the Customer wishes to cancel the order (regardless of the percentage of the goods available), he/she can only do so within 2 hours of placing the actual order.

- “Order Confirmation”: the electronic communication with which Fashion Group Prato S.r.l. warns the user that it has received the Purchase Order but that it has not subjected it to a data verification process and the availability of the requested products;

- “Order Refusal”: means the electronic communication with which the Service Provider warns the user not to accept the Purchase Order;

- “Confirmation of Acceptance”: means the acceptance of Fashion Group Prato S.r.l. of the Purchase Order sent by the Customer, including the actual quantity of Products purchased, Purchase Price, terms and methods of payment, taxes and shipping costs;

- “Communication of limited item availability”: means the electronic communication with which Fashion Group Prato S.r.l. warns the user that, following an internal verification process, the quantity of available items is less than 75% of the total quantity of items in the Purchase Order; in this case the customer has the right to add other articles of his/her choice.

- “Shipping Confirmation”: means the communication with which the Service Provider informs the user of the successful shipment of the Order, including a summary of the same and the expected delivery times;

- “Purchase Price”: the price of the Products published on the Site, net of taxes, delivery costs and any other element;

- “Wallet”:  or a virtual wallet where the user can load certain amounts in order to make online purchases;

- “Coupons”: digital discount coupons that can be used by the user on this website;

- “VIES”: VAT information exchange system.

- “Working Days”: The days of the week from Monday to Friday inclusive, with the exception of Italian national holidays.

The definitions, premises and attachments form an integral and substantial part of these GTC. In particular, the following documents are attached to this document: Privacy Policy and Cookie Policy

 

1) GENERAL TERMS AND CONDITIONS OF USE

 

We invite users to carefully read these general terms and conditions of use (“General Terms and Conditions of Use”) before using the Services offered by FASHIONPO. By using these services, the user fully accepts these General Terms and Conditions of Use.

FASHIONPO offers a wide range of services therefore the user may be subject to additional conditions. In the event of using a Service offered by FASHIONPO (such as for instance: The user Profile or the app for mobile devices), the user will also be subject to the guidelines and general conditions applicable to that particular service.

 

1.1 - PRIVACY

We invite users to consult the Privacy Policy and the Cookies policies governing the use of the Services provided by FASHIONPO.

 

1.2 - ELECTRONIC COMMUNICATION

When using the Services or sending communications by email, text message and from your computer or mobile device, communicate with us electronically. FASHIONPO may communicate with users in various ways, for example via e-mail, text messages, in-app notifications, or by posting messages and communications on the site or through other services. Without prejudice to the specific legal provisions of an imperative nature, for the purposes of this contract, the user agrees to receive communications from FASHIONPO in electronic form and acknowledges that all contracts, notifications, information and other communications that are provided in electronic form meet the requirement of the written form, when required by law.

 

1.3 - LICENCE FOR ACCESS TO SERVICES

All rights not expressly granted by these General Conditions of Use or by the Terms of Service remain with FASHIONPO or its licensors, suppliers, publishers, owners or other service providers.

It is not possible to reproduce, duplicate, copy, sell, resell, visit or in any other way use for any commercial use the Services offered by FASHIONPO in whole or in part without our express written consent. It is not possible to proceed with framing or use framing techniques to misappropriate any trademark, logo or other proprietary information (including images, text, page settings or format) of FASHIONPO without its express written consent. It is not possible to use meta tags or any other “hidden text” using FASHIONPO's name or trademarks without FASHIONPO's express written consent. The user may use the services provided exclusively within the limits established by law. The violation of these General Conditions of Use will result in the revocation of the authorisation for use by FASHIONPO.

 

1.4 - PURPOSE AND DECSRIPTION OF THE SITE

These GTC regulate the offer and sale of Products via the Site. The sale is only carried out wholesale, within the EU, with the exception of what is provided for in these GTC for shipments.

Access to the Site and the related services is intended for use exclusively reserved for legal persons, holders of VAT numbers who act for purposes related to their own entrepreneurial, commercial, craft or professional activity.

The Site allows unregistered Users to browse it, with the exception of the pages where registration is required for access. In any case, unregistered Users are not allowed to view the Purchase Prices of the Products nor purchase the Products.

The Site allows registered users to browse it, view and purchase the Products.

In any case, the presentation of the Products on the Site constitutes an invitation addressed to Users to formulate a purchase proposal to the Service Provider. These invitations to offer are not binding for the Service Provider and do not constitute offers to the public pursuant to and for the effects of art. 1336 of the Civil Code.

 

1.5 - REGISTRATION ON THE SITE

The use of the Services is permitted only to registered Users, located within the E.U. (limited to the countries to which FASHIONPO ships its goods, see the paragraph on SHIPMENTS) and with legal capacity pursuant to and for the purposes of Italian law.

Registration involves entering some of the user’s corporate and personal data (by way of example but not limited to: company name, VAT number, name and surname of the company contact person).

In order to complete the registration procedure and access the Services offered, the user is required to accept these GTC by ticking the appropriate check-box, as well as possibly providing the appropriate consent to the processing of personal data.

In any case, these GTC will be made available to the user with a specific link in the footer of the website www.fashionpo.com, via a downloadable PDF.

To correctly create the aforementioned registration account, as well as to allow the completion of any purchases, the user agrees to provide personal data which is complete, correct and truthful and to keep it updated. In any case, FASHIONPO reserves the right to carry out checks on the completeness, correctness and/or truthfulness of the information provided by the user. If all the requested information is not provided, or if it is found to be incomplete, correct and/or true, FASHIONPO reserves the right, at its sole discretion, not to proceed with the user's registration and/or purchase procedure on the Site and/or to request any additional documents and/or clarifications from the user.

FASHIONPO cannot in any way be held responsible for any fraudulent, incomplete or incorrect information which may be declared by the user, who therefore assumes all consequences, including criminal and/or civil ones, in this regard.

 

1.6 - PERSONAL ACCOUNT

The access credentials are provided free of charge, are strictly personal and not transferable to third parties.

The user is solely responsible for the conservation and confidentiality of his/her credentials and, consequently, remains solely responsible for all uses connected or correlated to them (including damages and prejudicial consequences caused to the Service Provider and/or third parties).

The user undertakes to carefully and diligently store the access credentials to the platform and control access to their devices. In the event of theft, loss or misplacement of access credentials or if these credentials are, or presumably will be used in an unauthorised manner, the user undertakes, without delay, to notify the Service Provider at the following e- mail info@fashionpo.com, telephone +390574729286, and to change his/her access data.

In any case, it is understood that the user will be solely responsible for the consequences deriving from the theft, loss and/or misplacement of access credentials to the Site. FASHIONPO reserves the right to accept, refuse and/or amend any registration and/or purchase request at its sole discretion.

In any case, the registered user has the right to proceed with the cancellation of his/her profile at any time, using the appropriate function available on the Site.

 

1.7 - OBLIGATIONS AND RESPONSIBILITIES OF THE USER

The user undertakes to use the Site with good faith and diligence, in compliance with these GTC, the Privacy Policy and the Cookie Policy.

By using this Site and/or placing orders through it, the user agrees to: use the Site only to carry out legally valid inquiries or orders and not to place false and/or fraudulent orders.

We inform you that in this case, if there are sufficient elements to believe that a false and/or fraudulent order has been placed, the Service Provider will be authorised to cancel it and inform the competent authorities.

Through the use of this website, the user undertakes to provide FASHIONPO with the VAT number, company name, e-mail address, billing address, delivery address and/or other necessary data and/or information for the provision of the Services in a complete, truthful and correct way.

The user accepts and undertakes not to use the Services in such a way as to cause, (or which could cause), interruptions, damage or malfunctions to the Services and related functions or for fraudulent purposes or in any case to commit illegal activities or to cause disturbance, prejudice or apprehension.

 

1.8 - INTELLECTUAL AND INDUSTRIAL PROPERTY

All/ broader intellectual and industrial property rights on the Site and on the contents and materials published therein (including, but not limited to, domain names, trademarks, patents, designs, texts, images, layouts, software, etc.) are and remain the property of FASHIONPO and its assignors and/or assignees.

It is not permitted to systematically extract and/or reuse parts of the material and/or contents of the Site without the Service Provider's prior and express written consent. By way of example but not limited, data mining, robots or similar capture or extraction devices may not be used to re-use any part of the Site, nor create and/or publish a database which reproduces substantial portions (e.g., prices and product lists ) of the Site.

In the event of any disputes regarding the violation of industrial and/or intellectual property rights, Users are invited to contact the Service Provider at the email address amministrazione@fashionpo.com.

 

1.9 - THIRD PARTY ACTIVITIES

The Site may contain areas or links managed by third parties, for purposes related to the correct provision of the available services (e.g. online payment service manager, any advertising areas, etc. etc.).

The relationships between Users and said third parties are governed by separate contractual relationships with which the user is required to comply. The Service Provider has no control over these sites or resources and therefore assumes no responsibility with regard to them or in relation to any loss or damage that may arise to users as a result of their use.

 

1.10 PRODUCT WARRANTIES, LIMITATIONS OF LIABILITY AND EXCLUSIVITY

The user acknowledges and accepts that FASHIONPO operates as a mere distributor of the products and therefore does not assume any responsibility over the manufacturer or over a previous seller of the same contractual distribution chain or on any other intermediary.

In the event of lack of conformity of the Products, the User may, within 8 days of receipt of the goods, submit a specific complaint using the online form made available within each Customer's account.

In the form, the user will have to upload photos containing the lack of conformity relating to the items for which the complaint has been presented. Once compiled, the complaint will be carefully assessed by the FASHIONPO staff and, once approved, the Customer may be asked to return the disputed items, with expenses to be paid exclusively by the Service Provider.

FASHIONPO could also decide not to ask the Customer to return the goods; in any case, FASHIONPO will reimburse the Customer for the price corresponding to the cost of the items which are the subject of the complaint. This amount may be returned, at the Customer’s discretion, in the form of a wallet top-up for future purchases, by bank transfer or by crediting the PayPal account.

It is understood that the Products are compliant if (i) they comply with the description provided and possess the qualities presented on the Site, even in the event of non-substantial differences with the images of the Products, which are merely illustrative, present on the Site; (ii) they are suitable for the use to which the products are normally intended; (iii) they show qualities and characteristics which are normal in products of the same type and which can reasonably be expected.

Within the limits permitted by law, FASHIONPO declines all responsibility in the event that the delivered product does not comply with the legislation of the country of delivery other than Italy.

In any case, the user waives, pursuant to and by effect of art. 131 Legs. Decree 206 of 2005, to exercise any recourse actions against FASHIONPO.

Except in the case of willful misconduct or gross negligence, FASHIONPO will be solely responsible for any direct and foreseeable damage when signing the sales contract and in any case within the limits of the purchase price of the product in question.

The user explicitly acknowledges and accepts that under no circumstances will FASHIONPO be held responsible for any losses suffered, loss of profit or any other damage which is not an immediate and direct consequence of its own default or which was not foreseeable at the time of conclusion of the contract of sale. The user acknowledges and accepts that FASHIONPO will in no case grant any exclusive sale on the products purchased (by way of example and not limited: exclusivity by geographical area, municipality and/or street in which the user is located or where he/she carries out– directly and/or indirectly – his/her own commercial activity).

 

1.11 - VIOLATION OF THE CONDITIONS OF USE

FASHIONPO reserves the right to suspend and/or cancel the account, block access to the Site, in whole and/or in part, temporarily and/or definitively, in the event of a violation by the user of even one of the obligations set out in these Conditions and in the Privacy Policy and in any other case at its sole discretion.

Following receipt of the notification by FASHIONPO of the violation of the obligations set out in this contract, the user must, without delay and in any case within and no later than 24 hours, eliminate the causes of the dispute and/or provide suitable documentation to support his/her reasons. In the event of no reply within the terms indicated, or in any case if the arguments put forward by the user are not sufficient, FASHIONPO will have the right to terminate the contract immediately and avail itself of the right to suspend and/or cancel the account, without prejudice to FASHIONPO’s right to request compensation for any damages suffered, reserving the right to take the measures deemed most suitable in the specific case, including reporting to the judicial authority.

 

1.12 - EXPRESS TERMINATION CLAUSE

The obligations assumed by the user referred to in these “General Terms and Conditions of Use”, are of an essential nature, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling that produces the aforementioned effect.
In any case, without prejudice to FASHIONPO's right not to make use of this express termination clause and to demand the fulfilment of the contract, without prejudice to the right to compensation for damages.

 

1.13 APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Use are governed by and must be interpreted in accordance with Italian law.

The language in which the Contract is drawn up is Italian. In the event of a conflict between any versions of the General Terms and Conditions prepared in a language other than Italian and accepted by the Customer, the meaning and interpretation of the General Terms and Conditions in Italian prevail in any case.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

For any dispute deriving from these Conditions or from their implementation, they will be devolved exclusively to the court of Prato.

 

1.14 - PROCESSING OF PERSONAL DATA

The processing of personal data of which FASHIONPO is the owner takes place in compliance with current legislation on the matter. To find out about means of processing personal data, please refer to the Privacy Policy available at www.fashionpo.com/en/privacy.

 

1.15 - MODIFICATIONS OR VARIATIONS TO THE CONDITIONS

FASHIONPO reserves the right to modify the Site, these GTC, the Privacy Policy and the Cookie Policy at any time to offer new products or services or to comply with legal or regulatory provisions. The user will be subject to the policies and terms of the GTC in force on a case-by-case basis when he/ she proceeds to send the order, unless any modifications to these terms are required by applicable law or by the competent authorities (in which case, they will also apply to orders which have been previously placed).

BY CONTINUING TO USE THE SERVICES AFTER THE CHANGES COME INTO EFFECT, USERS FULLY ACCEPT SUCH CHANGES. OTHERWISE, IF THE USER DOES NOT INTEND TO ACCEPT THE CHANGES, HE/SHE MUST CANCEL THE REGISTRATION.

If any provision of these GTC is deemed invalid, void or for any reason unenforceable, this condition will not affect the validity and efficacy of the other provisions.

 

1.16 - WAIVER

In the event of non-compliance by the user with these General Terms and Conditions of Use, failure by FASHIONPO to exercise the right to act against the Customer does not represent a waiver to act for the violation of the obligations assumed by the user.

 

1.17 - MINORS

Products are not sold to minors. Only users who have reached the age of majority can purchase products for children.

 

1.18 - CONTACTS

For any communication, please contact FASHIONPO at the following addresses:

-Fashion Group Prato S.r.l. Via del Carmine, 11 CAP 59100 Prato (PO);

-certified email:fashiongrouppratosrl@legalmail.it;
-E-mail:info@fashionpo.com;
-Tel+390574729286
If a provision of these GTC should be wholly or partially null and/or ineffective, the remaining provisions of the GTC will remain valid and effective in any case.

For anything not expressly provided for in these GTC, the provisions of Italian law in force apply. Failure or delay by FASHIONPO to exercise one of the rights, authority or powers attributed to it by virtue of these GTC will operate as a waiver limited to a single case and will not prevent its subsequent exercise. Any granting of extensions or other forms of delay by FASHIONPO in favour of the user will not in any way modify the responsibilities identified by these GTC for each Party.

These GTC are available in Italian, English, French, German, Spanish and Portuguese.

 

 

2) GENERAL TERMS AND CONDITIONS OF SALE

 

We invite users to carefully read these general terms and conditions of sale (“General Conditions and Terms of Sale”) before making a purchase. By making a purchase, the user fully accepts these General Terms and Conditions of Use. These general conditions of sale govern the sale of products and, where applicable, services through the site when FASHIONPO operates as a seller (“General Terms and Conditions of Sale”). The sale of products by third party sellers will be governed by the terms and conditions of sale applicable on a case-by-case basis.

 

2.1 - CONTRACT

The presentation of products and services on the site or via the app for mobile devices constitutes an invitation to offer. By placing an order through the Site, the user declares that he/ she does not qualify as a “consumer”, pursuant to Legislative Decree no. 206 of 2005.

This website www.fashionpo.com represents a B2B type e-commerce: for this reason the Guarantees contained in the Consumer Code do not apply to the Customer; in particular, the right of withdrawal and the right of recourse are not recognised to the Customer.

To buy the products, the user must select them one at a time, adding them to the cart with the relative quantities. Once all the items to be purchased have been selected, the user will be asked to choose the preferred solution for delivery, transport and payment method; the summary data of the Purchase Order will be shown to the user at the same time.

To submit the order, the user must click on the “SEND ORDER AND PURCHASE” button. If credit card, PayPal or wallet have been chosen as a payment method, users will authorise the payment immediately. If they have chosen bank transfer, they will pay after confirmation of acceptance of the order, if they have chosen cash on delivery, they will pay via cash upon delivery of the order from the courier.

In any case, the user is informed that, as long as he/she does not submit the purchase order, the quantity of goods in his/her trolley may vary based on the availability of the goods.

The user acknowledges and accepts that circumstances could arise such as to make it impossible to submit the Purchase Order (by way of example but not limited to: purchase order for an amount lower than Euro 100.00, amount of the first order with payment in cash on delivery exceeding Euro 800.00).

The Purchase Order submitted to FASHIONPO will therefore be considered as a contractual purchase proposal addressed to FASHIONPO for the products listed, each considered individually. Unless otherwise established in these GTC, the user acknowledges and accepts that, following the submission of a Purchase Order, it will be possible to proceed with the elimination of the submitted Purchase Order only within 2 hours following the execution of the same - as already and better specified in the point “DEFINITIONS, PREMISES AND ATTACHMENTS”. The submission of a Purchase Order implies full knowledge and acceptance of these GTC by the user.

Upon receipt of the Purchase Order, FASHIONPO will send a message acknowledging the order (“Order Confirmation”). The Order Confirmation does not constitute acceptance of the user's purchase proposal but only informs the User that the order has been received and will be subjected to a data verification process and the availability of the requested products. This process of verifying the availability of the requested products will be concluded within 3 working days from the submission of the order by the Customer. At the end of the verification process, the “Confirmation of Acceptance” or the “Limited item availability communication” will be sent to the Customer.  The user acknowledges and accepts that circumstances could arise such as to lead to the refusal of FASHIONPO, at its sole discretion, to process orders after sending the Order Confirmation. In such cases, FASHIONPO will inform the user of the non-acceptance of the Purchase Order with a specific electronic communication (“Order Refusal”) and will release the amount if already authorised by the customer.

If the goods relating to the order placed by the Customer do not reach 75% of the total availability, the customer will be sent the Communication of limited item availability”. In this case, FASHIONPO grants the Customer the right to supplement the order with alternative products to those missing in the Purchase Order; alternatively the Customer can choose to accept the order confirming the available quantities. In particular, the Customer will have 24 hours from receipt of the communication of limited availability to decide whether to add to the order (namely : “Supplementary order”). If the Customer fails to reply within the terms indicated above, the order will be considered accepted in the percentage of availability communicated by FASHIONPO, which will therefore proceed with processing and shipping. If the Customer adds to the order, the total amount of the goods of the Purchase Order with limited availability and of the supplementary order, must not be higher than the amount of the goods of the Purchase Order originally made by the Customer. If the Customer adds to the order, the supplementary order will also be subjected to a process for verifying the availability of the goods, a process which will be completed within 3 working days.

In the event of submitting the Supplementary Order within the indicated terms and following the process of verifying the availability of the goods, FASHIONPO will forward the “Confirmation of Acceptance” to the user.

The sales contract with FASHIONPO will only be concluded when a separate e-mail is sent to the user which will contain detailed and definitive information regarding the precise number of Products purchased, the relative Prices and the shipping costs (“Confirmation of Acceptance”), including any “Supplementary orders”. In the event that the order is processed through multiple shipments, separate Shipping Confirmations could be sent.

All Purchase Orders sent to FASHIONPO must be punctually completed in all their parts and must contain all the elements necessary for the exact identification of the Products ordered, the Customer, the billing and the place of delivery.

The user acknowledges and accepts that FASHIONPO reserves, at its sole discretion, not to allow forwarding and/or not to accept Purchase Orders, without the need for further reasons. In such cases, FASHIONPO could submit the “Order Refusal” to the user.

 

2.2 - AVAILABILITY OF GOODS

Given the speed of product replacement from suppliers, an inevitable feature in the fast-fashion sector, the quantities of Products ordered by the Customer may not entirely correspond to those available at the time of acceptance. The user expressly declares that he/he is aware of this circumstance and, by sending the Purchase Order, expressly agrees to keep it valid and binding.

The purchase order sent by the Customer can only be cancelled within 2 hours of submitting it to FASHIONPO, regardless of the communication relating to the quantity of goods available.

It is further specified that if the customer does not cancel the order within 2 hours of placing it, he/she will be required to accept the goods regardless of the total availability of the same with respect to the order. If the availability is less than 75%, the Customer, within 24h of the communication by FASHIONPO of the limited availability, will be able to supplement the order with other goods.

It should be noted that the supplementary goods ordered by the Customer will be subjected to the availability verification process, a process which will be completed within 3 working days.

In these cases, the amount that the Customer will pay will correspond to the total of the available goods of the order and any integration.

 

2.3 - PRICES

Registration on the Site by Users is free of charge and does not imply any obligation to purchase. All prices indicated on the Site are expressed in Euros and are to be understood net of VAT, taxes and shipping costs.

Shipping costs, both for Italy and abroad, will be calculated on the basis of various parameters, including: number of packages, weight of the package/packages, order value, etc. They are therefore calculated by the Site automatically following the Purchase Order and any integration and are included in the Confirmation of Acceptance.

In the event of errors when listing the prices of the products, FASHIONPO will promptly inform the user of the correct amount to the email address indicated at the time of submitting the Purchase Order. In such cases, within 24 hours of receiving said communication, the user will have the option of reconfirming his/her Purchase Order, or cancelling it, by communicating to the following contacts: telephone number +390574729286 and/or email customercare@fashionpo.com.

 

2.4 - VARIATION IN SHIPPING COSTS

If FASHIONPO decides, at its own unquestionable judgment and discretion, to “offer” certain Users the “free” shipment of the goods purchased (which will however be specified on a case-by-case basis and will be valid for a specific time), this may be indicated in the promotional banners or notifications which the Customer/User will view on the site/app or may be advertised via e-mail communication or via social media channels.

In the case of free shipping, the cost, equal to zero, will also be indicated at the conclusion of the purchase procedure in the total calculation of the price to pay.

 

2.5 - ANY ADDITIONAL COSTS

If the ordered goods must be delivered outside Italy, there may be import duties and/or taxes, payable once the order reaches the specified destination. Any additional customs clearance cost will be the sole responsibility of the user. Any customs duties and/or customs clearance costs are not predictable, as they vary according to the legislation applicable in the country of receipt of the goods and will be the sole responsibility of the user. In such cases, please contact your local customs office for further information.

 

2.6 - FIRST ORDER LIMITATIONS FOR NEW USERS

The first purchase order placed by new users using the cash on delivery method of payment cannot in any case exceed the total amount of goods of €800.00 net of VAT, shipping costs, other taxes and any discounts.

After the first order, there will be no maximum spending limit.

 

2.7 - PROMOTIONS

Promotions on products for sale will be displayed directly under each individual product with an indication of the initial price, the discount applied and the final discounted price.

FASHIONPO may decide, at its own discretion, to apply discounts to particular categories of products on sale valid for all Customers or recognise advantages or promotions to Customers identified by category (e.g. those who have never ordered, those who have not ordered for a specific time; examples by way of example but not limited).

FASHIONPO may provide additional discounts and affiliation and promotion coupons which, if indicated, may be combined with the additional discounts present and advertised on the site or on the mobile app.

Coupons are discount vouchers which can be used by the customer on the FASHIONPO website and may be subject to expiry. FASHIONPO reserves the right to issue such discount coupons at its own discretion.

If an asterisk (*) and/or a link is present under the advertising of the discount, the Customer is required to read the linked page or the alert created, where all the terms and conditions of the current promotion will be explained in detail.

The specific indications above are assumed to have been read and understood by the Customer who accepts them and makes a purchase with the promotional discounts.

 

2.8 - PAYMENT

For Users located in Italy, payment can be made by credit card, PayPal, cash on delivery, bank transfer and wallet.  For users from other European countries, payment can be made by credit card, PayPal, cash on delivery, bank transfer and wallet.

In any case, FASHIONPO reserves the right to adopt payment methods other than those currently accepted or not to accept some of them. FASHIONPO may decide to disable some payment methods for certain Customers.

Payment via PayPal

To make payments via PayPal, please refer to the terms and conditions of use of PayPal services. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Site. If the customer chooses PayPal as a payment method, an authorisation will be requested to block the amount corresponding to the value of the purchase order. The relative amount will be withdrawn from the Customer's PayPal account only when the Confirmation of Acceptance with the available quantity of goods is sent to the Customer. If the Customer cancels the order 2 hours after making it, an amount equal to 20% of the original order amount will be withheld as a penalty.

 

Payment via credit/debit card

For payment by credit/debit card, the accepted circuits are Mastercard, Visa, Visa Electron, Maestro, Aura, Discover and the PayPal secure payment service can also be used. Please refer to these for full terms and conditions. Confidential credit card data (card number, holder, expiration date, security code) is encrypted and transmitted directly to the payment manager.

If the customer chooses a credit/debit card as a payment method, an authorisation will be requested to block the amount corresponding to the value of the purchase order. The relative amount will be withdrawn from the Customer's credit/debit card only when the Confirmation of Acceptance with the available quantity of goods is sent to the Customer. If the Customer decides to cancel the order 2 hours after placing it, an amount equal to 20% of the original order amount will be withheld as a penalty.

 

Payment via bank transfer

In the event that the Customer chooses bank transfer as the payment method, he/she is required to pay the order within 24 hours of the confirmation of acceptance which summarises the goods available and acknowledges that the credit transfer times may vary depending on the origin of the same, the credit institution or other factors.

The customer can only cancel the order within 2 hours of submitting it to FASHIONPO. If the Customer cancels the order 2 hours after making it, an amount equal to 20% of the original order amount will be required as a penalty.

In these cases, FASHIONPO also reserves the right to take the most appropriate legal actions to protect its rights and reasons.

 

Payment by cash on delivery

Payment for the Products by cash on delivery is to be made at the time of delivery. In any case, payment by cash-on-delivery is permitted exclusively to Italian users and within the amount limits indicated on the Shipping and Payments page

Payment on delivery must be made exclusively in cash, to be delivered to the shipper and/or carrier upon delivery of the Products. The shipper and/or carrier will not be able to accept cheques nor other securities. In the case of payment by cash on delivery, the user acknowledges and accepts that an additional contribution may be due on top of the shipping costs, the amount of which is indicated in the shipping rates.

The customer can only cancel the order within 2 hours of submitting it to FASHIONPO. If the Customer cancels the order 2 hours after making it, an amount equal to 20% of the original order amount will be required as a penalty. In these cases, FASHIONPO also reserves the right to take the most appropriate legal actions to protect its rights and reasons.

 

Payment via Wallet

The Wallet, a rechargeable virtual wallet, will function as a money deposit which the Customer makes in advance and which will be used to pay for future orders, when requested by the customer. This virtual wallet will be created and managed directly by FASHIONPO, through its own computer systems and will allow the Customer to deposit sums of money into his/her account, using some of the usual payment channels such as credit/debit card and PayPal.

 

2.9 - SHIPPING

The Service Provider delivers in the entire E.U. with the exception of: Livigno (IT), Campione d'Italia (IT), Italian waters of Lake Lugano included in the Ponte Tresa stretch (IT) and Porto Ceresio (IT), Monte Athos (GR), Heligoland Island (DE ), Busingen Territory (DE), Overseas Departments (Guadeloupe, French Guiana, Martinique, Reunion)(FR), Canary Islands (ES), Ceuta (XC), Melilla (XL), Channel Islands (GB), Aland Island (FI), Principality of Monaco (FR), Isle of Man (GB), Akrotiri (GR).

FASHIONPO undertakes to ship the goods within 3 working days from the date of Confirmation of Acceptance - for payments by credit/debit card, PayPal, cash on delivery or by wallet or from the date of receipt of the bank transfer for payments by bank transfer.

Without prejudice to extraordinary circumstances (by way of example but not limited to, natural disasters and causes of force majeure) FASHIONPO undertakes to do everything in its power to send the order of the product/s within the times indicated above and, in any case, within the maximum term of 30 working days from the date of the Confirmation of Acceptance.  If the aforementioned 30-day shipment terms are not respected, FASHIONPO will promptly inform the user, giving him/her the possibility to set a new delivery date or to cancel the order, with the consequent refund of the entire amount if already paid.

You can pick up your order at our warehouse, either by your own means or with your own courier, only for Italian customers and only if the destination address is located in Italy. The collection can only be made after payment of the order. It is not possible to select the payment method cash on delivery, in case of collection at our warehouse.

Invoices will be issued in electronic format or in any case in accordance with legal obligations. A digital copy of the invoice is made available to the user in his/her personal area.

 

2.10 - DELIVERIES

Deliveries will be made by express courier.  In any case, the Customer acknowledges and accepts that the goods travel at his/her own exclusive risk and therefore, if deemed necessary, the User may choose to add the insurance service onto the goods shipped to his order to be reimbursed in the event of loss or damage. The Customer is invited to contact FASHIONPO assistance to receive more information on the service.

The user can check the progress of the order at any time by accessing his/her account on the Site.

Only in cases of payment by Paypal, credit/debit card, bank transfer or wallet may the Customer collect the goods, or have the goods collected on their behalf, directly at the operating headquarters of FASHIONPO by appointment. This possibility is only granted to users located in Italy.

If, after 30 working days from the date of the Shipping Confirmation, the products have not been delivered, the user can send an e-mail to the e-mail address customercare@fashionpo.com with the subject “Not delivered”, indicating the Purchase Order number and any notes.

After receiving the e-mail and carrying out the appropriate checks, FASHIONPO will contact the user within 4 working days, in order to quickly resolve the problem.

The Products are always delivered at the user’s risk who must, in his/her own interest, check the quantity, integrity and quality of the goods received before collecting them.

Any complaints must be made directly to the shipper and/or carrier at the time of delivery (for example by signalling receipt of the goods with reserve).

FASHIONPO will not be held responsible for missing or tampered parcels and boxes not reported directly by the Customer to the shipper and/or carrier at the time of delivery.

In any case, FASHIONPO will not be responsible for failed or delayed delivery due to force majeure, such as - by way of example and not limited - strikes, provisions of the Public Authority, fires, floods, natural disasters, wars, pandemics and acts of terrorism .

 

2.11 APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Sale are governed by and must be interpreted in accordance with Italian law.

The language in which the Contract is drawn up is Italian. In the event of a conflict between any versions of the General Terms and Conditions prepared in a language other than Italian and accepted by the Customer, the meaning and interpretation of the General Terms and Conditions in Italian prevail in any case.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

For any dispute deriving from these Conditions or from their implementation, they will be devolved exclusively to the court of Prato.

 

2.12 - MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE

FASHIONPO reserves the right to modify the Site, the policies, and the GTC, at any time to offer new products or services or to comply with legal or regulatory provisions. The user will be subject to the policies and terms of the General Conditions of Sale in force on a case-by-case basis when ordering products, unless any modifications to these policies and terms are required by applicable law or by the competent authorities (in which case, they will also apply to orders which have been previously placed). If any provision of these conditions is deemed invalid, void or for any reason unenforceable, this condition will not affect the validity and efficacy of the other provisions.

 

2.13 - WITHDRAWAL

If the user does not comply with these General Terms and Conditions of Sale, FASHIONPO’s failure to exercise the right to act against the Customer does not represent a waiver by the service provider to act for the violation of the obligations assumed by the user.

 

2.14 - CONTACTS

For any communication, please contact FASHIONPO at the following addresses:

-Fashion Group Prato S.r.l. Via del Carmine, 11 CAP 59100 Prato (PO);

-certified email: fashiongrouppratosrl@legalmail.it;

-E-mail: info@fashionpo.com;

-Tel+390574729286.
If a provision of these GTC should be wholly or partially null and/or ineffective, the remaining provisions of the GTC will remain valid and effective in any case.

For anything not expressly provided for in these GTC, the provisions of Italian law in force apply. FASHIONPO’s failure or delay to exercise one of the rights, authorisation or powers attributed to it by virtue of these GTC will operate as a waiver limited to a single case and will not prevent its subsequent exercise. Any granting of extensions or other forms of delay by the Service Provider in favour of the user will not in any way modify the responsibilities identified by these GTC for each Party.

These GTC are available in Italian, English, French, German, Spanish and Portuguese.

 

Pursuant to articles. 1341 and 1342 of the civil code the user, after carefully reading each clause and having carefully examined the content of the provisions of the articles relating to the General Conditions of Use “1.5 Registration onto the Site”, “1.6 Personal account”, “1.7 Obligations and Responsibilities of the user”, “1.8 Intellectual and industrial property”, “1.9 Third party activities”, “1.10 Product warranties, limitations of liability and exclusivity”, “1.11 Violations of the conditions of use”, “1.12 Express termination clause”, “1.13 Applicable law and jurisdiction”, “1.15 Modifications or Variations to the Conditions”, “1.16 Waiver”, “2.1 Contract”, “2.2 Availability of Goods”, “2.3 Prices”, “2.5 Any additional costs”, “2.8 Payment”, “2.11 - Applicable law and jurisdiction”, expressly approves and accepts them.

 

 

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