General Terms and Conditions of Use and Sale

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Fashion Group Prato srl (hereinafter also “FASHIONPO" or “provider”) provides the user (hereinafter also “Customer”) with website functions and other products and services when they visit or makes purchases on www.fashionpo.com (hereinafter also the “site”), uses the services provided by FASHIONPO or the application for mobile devices.

By using the site the user acknowledges that it understands and fully accepts the following terms and conditions of use and sale, as well as the Privacy and Cookies Policy they contain.

Users who do not accept them are asked not to use this site.
The following terms and conditions ("General Conditions of Use and Sale” or “GTCs”), together with other terms and conditions contained in the “Privacy Policy” and the “Cookie Policy”, regulate the provision of services offered by the company Fashion Group Prato S.r.l., with registered offices in Via del Carmine no. 11, 59100 Prato (PO), VAT no. /Tax Code IT02346630979, enrolled in the Company Register at the Chamber of Commerce of Prato EAR PO-526461, email info@fashionpo.com, certified email (PEC) fashiongrouppratosrl@legalmail.it, tel +390574729286, fax +390574621397.

Access to the site and its services is intended solely for Users, as identified below. The User must print, sign and save these GTCs.

DEFINITIONS, PREMISES AND ATTACHMENTS

For the purpose and effect of these General Terms and Conditions of Use and Sale, the following definitions shall apply:

-"User" and/or "Customer" means a legal person, located within the EU, who acts for business, commerce, craft or professional purposes, or their intermediary. To this end, please note that in order to finalise the possible purchase of goods on the website, users with registered offices outside the Italian territory must be registered in the VIES and / or in any case possess a valid and active VAT number in the State where they belong or in any case possess documents certifying the status as a company/legal person; the User must therefore notify any variation of the data and of the corporate Articles of Association for tax and commercial purposes. The user is, in fact, the sole person responsible for the veracity of the data provided as a buyer;

-"Services" means the offer and sale of the products on the site and the related services;

-"Order form" means the electronic form through which the User can submit a purchase order;

-"Purchase order" means a purchase proposal forwarded by the User electronically to the Provider;

-"Order confirmation" means the electronic communication with which Fashion Group Prato S.r.l. alerts the User of having received the purchase order, but that no verification process has been used to check the data and availability of the products requested;

-"Order rejection" means electronic communication with which the Provider notifies the User that it does not accept the purchase order;

-"Confirmation of acceptance" means the acceptance by Fashion Group Prato S.r.l. of the purchase order placed by the Customer, including the actual amount of the products purchased, purchase price, terms and methods of payment, taxes and shipping costs;

-"Communication of limited item availability” means electronic communication with which Fashion Group Prato S.r.l. informs the User that, as a result of the internal audit process, the quantity of items available did not reach 75% of the total quantity of products referred to in the purchase order, allowing the User to proceed to confirm, amend or cancel the purchase order within 24 hours. In case of no answer from the User within the time specified, the Purchase Order will be cancelled;

-"Confirmation of acceptance - Supplementary order" means the acceptance by Fashion Group Prato S.r.l. of the supplementary purchase order placed by the Customer, including the actual amount of the products purchased, purchase price, terms and methods of payment, taxes and shipping costs;

-"Shipping confirmation" means communication with which the Provider informs the User of shipment of the order, including a summary thereof, and also of the estimated delivery date

-"Purchase price" means the price of the products displayed on the site, net of taxes, delivery charges and any other element;

-"VIES": VAT information exchange system.

The definitions, premises and annexes constitute an integral and essential part of these GTCs. In particular, the following documents shall be annexed to this: Privacy Policy and Cookie Policy

I) GENERAL CONDITIONS OF USE

We invite the user to read the general conditions of use (“General Conditions of Use”) carefully before using the services offered by FASHIONPO. By using these services you are fully accepting the herein General Conditions of Use. We offer a wide range of services, therefore the user may be subject to further conditions. In the case of using a service offered by FASHIONPO (for example: user profile or mobile application, the user will also be subject to the guidelines and general conditions applicable to that service.

PRIVACY

We Invite the user to consult our Information sheet on Privacy and our Cookies policy that govern the use of the services that FASHIONPO provides.

ELECTRONIC COMMUNICATIONS

When users use the services or send us communications via email, text messages (SMS) and from their own computer or mobile device, they communicate with use in electronic format. FASHIONPO may communicated with users in various ways, for example via email, text messages (SMS), in-app notifications, or by publishing messages and communications on the website, or via other services. Notwithstanding the specific mandatory legal provisions, for the purposes of the herein contract, the user accepts that he/she will receive electronic communications from FASHIONPO and acknowledges that all contracts, notifications, information sheets and other communications that are provided in electronic format satisfy the written form requisite when provided for by law.

SERVICES ACCESS LICENCE

All rights not expressly granted by the herein General Conditions of Use or by the Terms of Service remain within FASHIONPO or its licensors, providers, editors, owners or other service providers.

It is not possible to reproduce, duplicate, copy, sell, resell, visit or in any other way use all or part of the services offered by FASHIONPO for any commercial use, without our express written consent. It is not possible to frame or use framing techniques to unduly obtain any trademark, logo or other proprietary information (including images, text, page settings or format) belonging to FASHIONPO without the latter’s express written consent. It is not possible to use meta tags or any other “hidden text” by using FASHIONPO’s name or logos without the latter’s express written consent. The user may use the service provided solely within the limits foreseen by law. Violation of these General Conditions of Use will also mean that authorisation for use will be revoked by FASHIONPO.

SUBJECT AND SITE DESCRIPTION

The GTCs regulate the offer and sale of products via the site. The sale is made wholesale only, within the EU , except as provided for in the GTCs regarding shipments.

Access to the site and its services is intended for use exclusively reserved to legal persons, holders of P.I./VAT registration, acting for purposes relating to their trade, business, craft or profession.

Non-registered users can browse through the site, except for those pages requiring registration before access. In any case, non-registered users are not allowed to view the purchase prices of products and nor may they purchase same.

The site allows registered users to browse, view products and make purchases.

The presentation of the products on the website is in any case an invitation for users to formulate a purchase proposal for the Provider. These invitations to submit offer are not binding for the provider and do not constitute an offer to the public, pursuant to Art. 1336 Civil Code.

WEBSITE REGISTRATION

Use of the services is only permitted for registered users, located within the EU (Limited to the countries to which FASHIONPO ships its good, see SHIPMENTS section) and with legal capacity pursuant to and in accordance with Italian law.
Registration involves the entry of some of the user’s personal information (including but not limited to: company name, registered offices, VAT no.).

In order to complete the registration process and access the services offered, the user is obliged to accept and sign these GTCs and, if required, to provide the necessary consent to the processing of personal data.

For the purposes of successfully creating the registered account, as well as to allow the completion of any purchase, the user undertakes to provide complete, correct and truthful personal details and to ensure said details are kept up to date. The provider reserves the right to make any checks, henceforth, with regard to the completeness, correctness and truthfulness of the information provided by the user. Should any of the required information be found lacking, i.e., the information is not complete, correct and/or not truthful, the Provider reserves the right, at its sole discretion, to refuse to complete the registration process and/or purchases of the user on the website, and/or to require additional documents and/or clarifications from the user.

PERSONAL ACCOUNT

The User is solely responsible for keeping and maintaining the confidentiality of their credentials and therefore, is solely responsible for all uses connected or related to same (including damage and harmful consequences to the Provider and/or others).

The User agrees to keep their login credentials for the platform with due care and diligence, and to control access to their devices. In case of theft or loss of login credentials, and where these credentials are, or presumably, are about to be used in an unauthorised manner, the user will, without delay, inform the provider thereof at the following email addresses info@fashionpo.com, phone + 390574729286, fax + 390574621397, and edit their login information.

In any case, it is understood that the user will be solely responsible for the consequences arising from theft, loss and/or loss of their access credentials for the site.
The provider reserves the right to accept, reject and/or amend any request for registration and/or purchase at its sole discretion.

The registered user has, in any case, the right to request the deletion of their profile at any time, through the relevant function available on the site.

USER’S OBLIGATIONS AND RESPONSIBILITIES

The user undertakes to use the website in good faith and with the best care, in accordance with these GTCs, the Privacy Policy and Cookie Policy.

By using this site and/or by placing orders through this site, users agree to: (i) use the website only to make consultations or orders that are legally valid; (ii) not to make false and/or fraudulent orders.

We would like to inform you that, should there be sufficient elements to believe that a false and/or fraudulent order has been placed, the provider will be authorised to cancel it and inform the competent authorities.

By using this website, the user undertakes to provide the provider with his/her Vat number, company name, email address, billing address, delivery address and/or other data and/or information required to provide full, truthful and correct services.

Users agree and undertake not to use the services in such a way as to cause, or be likely to cause damage, malfunctions, or interruptions to the services and related functions, or for fraudulent purposes, or in any case to commit illegal activities, or to cause harm, disturbance or damage.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All intellectual and industrial property rights on the site and the content and materials published therein (including but not limited to, domain names, trademarks, patents, designs, texts, images, layout, software, etc.) is and remains of the provider and its licensor and/or assigns.

It is not permitted to systematically extract and/or reuse parts of the material and/or the site content without the prior and express written consent of the provider. For example, but not limited to, it is not possible to use data mining, robots, or similar devices or extract to extract (once or more) and/or to reuse any portion of the site, or to create and/or publish a database that reproduces substantial parts (e.g. pricing and product lists) of the website.

In case of any disputes regarding the breach of industrial property and/or intellectual rights, Users are welcome to contact the Provider at amministrazione@fashionpo.com.

THIRD PARTY ACTIVITIES

The site may contain spaces or links operated by third parties, for purposes related to the proper delivery of services available (e.g.. online payment Provider).

Relationships between users and third parties are regulated by separate contractual relations by which the user shall abide. The provider has no control over such sites or resources, and does not assume any responsibility for them or for any loss or damage that may occur to users as a result of their use.

PRODUCT WARRANTIES AND LIMITATION OF LIABILITY

Users acknowledge and agree that the provider operates as a mere distributor of the products and therefore does not assume any responsibility for the manufacturer or previous seller in the same chain distribution contract or on any other intermediary.

To the extent permitted by law, the provider declines all responsibility if the product delivered does not comply with the legislation of the country of delivery, which is not Italy.
In all cases, the user renounces the right to exercise any action of recourse from the provider, pursuant to and in accordance with art. 131 Leg. Decree no. 206 dated 2005.
Except in cases of intent or gross negligence, the provider will be solely responsible for any damage, direct and predictable at the time of conclusion of the contract of sale, and in any event within the limits of the purchase price of the product in question.
Users expressly acknowledge and agree that in no event will the provider be liable for any losses suffered, loss of profit or any other damage that is not an immediate and direct consequence of its failure to perform or of circumstances that were not foreseeable at the time of conclusion of the sales contract.

VIOLATION OF CONDITIONS OF USE

The Provider reserves the right to suspend and/or cancel Users’ accounts, block access to the site, in whole and/or in part, on a temporary and/or permanent basis, in the event of a breach by the Users of one of the obligations set forth in these terms and in the Privacy Policy, and in all other cases, at its sole discretion.
The User, upon receiving the notice from the Provider's breach of any obligation under this agreement, shall, without delay and no later than 24 hours, to eliminate the causes of the complaint and/or to provide appropriate documentation in support of its reasons. In case of failure to respond within the time specified, or if the arguments advanced by the User are not sufficient, the Provider shall be entitled to terminate the agreement with a notice period of at least 72 hours from the actual suspension and/or deletion of their account, without prejudice to the right of the Provider to take action for compensation for any damage suffered as well as reserving the right to take measures deemed appropriate in a particular case including reporting to the legal authorities.

EXPRESS TERMINATION CLAUSE

The obligations undertaken by the User under these "General Terms of Use", are essential, so that, by express agreement, any breach of just one of these obligations, unless due to unforeseeable circumstances or force majeure, will result in the termination of the contract pursuant to art. 1456 Civil Code, without any need for a court ruling that produces the above-stated effect.
It is however the Provider’s right to not make use of this termination clause and to demand the fulfilment of the contract, without prejudice to the right to compensation for damages.

GOVERNING LAW AND JURISDICTION

The herein General Conditions of Use are regulated and must be interpreted pursuant to Italian law.

The Contract is stipulated in the Italian language. In the event of contrast between the different versions of the General Conditions drawn up in a language other than Italian and accepted by the Customer, in all cases, the meaning and interpretation of the General Conditions written in Italian will prevail.

Application of the United Nations Convention on Contracts for the International Sales of Good is expressly excluded.

Any dispute concerning or arising from these terms or their execution, will be fall exclusively under the jurisdiction of the Court of Prato.

PROCESSING OF PERSONAL DATA

The processing of personal data for which the Provider is the Data Controller takes place in compliance with the applicable regulations. For more information about how we process your personal information, please refer to the Privacy Policy available at www.fashionpo.com/en/privacy.

AMENDMENTS OR VARIATIONS TO THE CONDITIONS

The Provider reserves the right to change the site, these GTCs, the Privacy Policy and the Cookie Policy at any time, to offer new products or services or to comply with legal or regulatory provisions. Users will be subject to the policies and GTCs each time in force at the time that proceeds by placing an order, except that any changes to these terms are required by applicable law or by the competent authorities (in which case, they will also apply to previous orders).

BY CONTINUING TO USE THE SERVICES AFTER THE DATE OF ENTRY INTO FORCE OF THE AMENDMENTS, THE USER FULLY ACCEPTS THOSE CHANGES. OTHERWISE, IF THE USER DOES NOT WISH TO ACCEPT THESE CHANGES, THEY MUST CANCEL THEIR REGISTRATION.

If any provision of these GTCs is deemed invalid, void or for any reason unenforceable, that condition shall not affect the validity and enforceability of other provisions in any way.

RENUNCIATION

In the event of a breach of these General Conditions of Sale by the user, should FASHIONPO decide to not exercise its right to take action against the customer does include the provider’s renunciation of taking action for the violation of obligations taken on by the user.

MINORS

Products are not sold to minors. Products for children may be sold, but may only be purchased by users who are over the age of 18 years.

For any communications please contact the Provider at the following addresses:
-Fashion Group Prato S.r.l. Via del Carmine, 11 CAP 59100 Prato (PO),
-Certified email (PEC): fashiongrouppratosrl@legalmail.it,
-E-mail:info@fashionpo.com
-Tel+390574729286
-Fax+390574621397
If a provision from the herein GTCs should be fully or partly null and void and/or invalid, the remaining provisions of the GTCs will in all cases remain valid and effective.
For anything not expressly stated in these GTCs, current Italian laws will be applied. Provider’s late or delayed application of any of the rights, faculties or powers conferred under these GTCs will be implemented as a waiver confined to individual cases, and will not prevent any subsequent application. Any granting of extensions or other forms of extension by the Provider to the user will not change in any way whatsoever, the liabilities stated in these GTCs for each of the parties.

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

II) GENERAL CONDITIONS OF SALE

We would like to invite you to read the herein General Conditions of Sale carefully before proceeding with any purchase. By purchasing an item, you are fully accepting the herein General Conditions of Sale. The herein general conditions of sale govern the sale of products and, where applicable, of services via the website when FASHIONPO operates as the vendor (“General Conditions of Sale”). The sale of products by third-party vendors will be regulated by the terms and conditions of sale applicable in each case.

CONTRACT

The presentation of products and services on the website or via the mobile application constitutes an invitation to make an offer.

By placing an order via the website, the user declares, pursuant to Leg. Decree no. 206 dated 2005, that it not a “consumer”.

To buy the products, the user must fill out the order form and select them one at a time, adding them to the basket with relative quantities. Once all of the required products have been selected, the User will be asked to choose the preferred method of delivery, shipping and payment. At this point, a page will open summarising the selected products, price and options (with relative costs) for delivery and payment.

To place the order, the User must click on the "SUBMIT ORDER AND PURCHASE" button.

Users acknowledge and agree that if the order is not forwarded, the basket may be deleted at the end of the browsing session or later.
Users acknowledge and agree that circumstances may arise that make it impossible to submit the purchase order (for example, but not limited to: Purchase order for an amount lower than Euro 100.00; billing country different from the country of delivery etc).

The purchase order submitted to the Provider is then treated as a purchase contract proposal to the Provider for the products listed, considering each one individually. Unless otherwise stated in these GTCs, the User acknowledges and accepts that, subsequent to the submission of a purchase order, it will no longer be possible to delete and/or edit the purchase order sent. Submitting a purchase order implies the User’s complete knowledge and acceptance of these GTCs.
On receipt of the purchase order, the Provider will send a message of order acceptance ("order confirmation"). The order confirmation does not constitute acceptance of the user’s proposed purchase, but only informs the User that the order has been received and will go through the process of checking data and the availability of the products ordered. Users acknowledge and agree that their may be circumstances that result in the Provider’s refusal, at its sole discretion, to fulfil orders after the order confirmation has been sent. In these cases, the Provider will send an email (“Order refusal”) to the User informing them that the purchase order has been refused.

In all cases, the Provider reserves the right to offer the User alternative products of a similar nature and/or similar to those covered by the purchase order, using the relative indication contained in the email sent to the User and/or in the User interface of the site. In this case, the customer has 24 hours from the receipt of the proposal to decide whether to accept it or not (the "Supplementary Order"). In case of no feedback from the User within the time specified, the Provider reserves the right, at its sole discretion, not to accept the purchase order, forwarding in any case, the “order rejection” or “confirmation” message.

In case the supplementary order is sent within the time specified, the Provider will send the User a "confirmation of acceptance – supplementary order". In these cases, the supplementary order can be sent together with the customer's purchase order.
The sales agreement with the Provider will end only when the User is sent a separate e-mail containing detailed, definitive information about the precise number of products purchased, the prices, and shipping costs ("confirmation of acceptance" and/or "confirmation of acceptance – Supplementary Order"), including any "supplementary" orders. In the event that the order is processed through multiple shipments, shipping receipts may be sent separately. Users may not cancel their orders after the purchase order has been sent out. This is, however, without prejudice to the right of withdrawal required pursuant to Italian law.

All purchase orders transmitted to the Provider must be accurately completed in their entirety and must contain all the elements necessary for the correct identification of the products ordered, the customer, billing, and the delivery location.

Users acknowledge and agree that the Provider reserves the right, at its sole discretion, not to allow forwarding and/or not to accept purchase orders without requiring additional motivations. In such cases, the Provider may send an “order rejection” to the User.

AVAILABILITY OF GOODS

Since the rapid turnover of products with suppliers is an unavoidable feature of the fast-fashion industry, the quantities of products ordered may not correspond in full to those available at the time of acceptance. The User expressly declares that they are aware of this fact and that by sending the purchase order, they are stating and expressly accepting that said order will be considered valid and binding for all those products with respect to which, although there is no availability requested by the User, there is still an availability of at least 75% of the total quantity of the purchase order. (so-called “Tolerance threshold)”. For orders that do not have a complete availability, but exceeding the threshold of tolerance, however, the quantity of product ordered will be determined independently by Fashion Group Prato S.r.l. in a value between 75% and 100% of the quantity ordered by the User and to indicate the exact amount in the acceptance confirmation received by same. The User expressly declares that they accept this quantity as final value of products ordered above the tolerance threshold.

PRICES

Users can register on the website free of charge and this will not entail any obligation to purchase on the site. All prices quoted on the site are expressed in Euro, and are net of VAT, duties and shipping costs.

It is not possible to proceed with the payment when submitting a purchase order. Users may make payment in accordance with the terms of these GTCs after receipt of confirmation of acceptance/confirmation of acceptance – Supplementary Order, containing the products ordered and their prices and costs.

Shipment costs are calculated in the following way: i) shipment costs for users located in Italy are fixed and stated in the order form and in the acceptance/confirmation of acceptance - supplementary order; ii) shipment costs for EU users are not fixed, but may vary depending on the weight of the order, the country of destination and the payment method chosen. They are therefore automatically calculated by the website after the purchase order is submitted and then entered in the confirmation of acceptance/confirmation of acceptance – Supplementary Order.

In case of errors in pricing and/or shipping costs, the Provider will promptly inform the User of the correct amount at the email address provided at the time of the purchase order, In such cases, within 48 hours of receipt of such notice, the Users will have the opportunity to reconfirm the purchase order, or cancel it, by sending notice to the following contacts: tel + 390574729286, fax + 390574621397 and/or email customercare@fashionpo.com.

ADDITIONAL COSTS

If the ordered goods are delivered outside of Italy, there may be duties and/or import taxes, payable once the order reaches the specified destination. Any additional cost of customs clearance will be the sole responsibility of the User. Any customs duties and/or customs clearance are not predictable, as they vary by reason of the relevant legislation in the country of receipt of the goods, and shall be the sole responsibility of the User. In these cases, the User is encouraged to contact their local Customs Office for further information.

LIMITATIONS TO NEW USERS’ FIRST ORDER

The first purchase order made by new users cannot in any way exceed the total amount of € 800.00 excluding VAT, shipment costs, other duties and any discounts.

For subsequent orders, this maximum purchasing limit will not exist.

PAYMENTS

For Users located in Italy, payment can be made by credit card, Paypal, cash on delivery and/or bank transfer in advance. For Users located in the EU, payment can be made by credit card, Paypal, cash on delivery and/or bank transfer in advance.

Payment via PayPal

For Paypal payment, please refer to the terms and conditions of use of PayPal’s services. The data entered on the PayPal site will be processed directly from the same and will not be passed on to or shared with the site. Users agree to make payment via Paypal within two working days of receipt of the confirmation of acceptance/confirmation of acceptance – Supplementary Order. Users acknowledge and agree that not making payment within the time specified, will mean cancellation of the order and they will in no way be able to advance any claims to the Provider, without prejudice to Provider’s existing rights. The total amount of the payment will be charged by PayPal at the time of actual payment. After receiving payment confirmation for the full amount stated in the confirmation of acceptance/confirmation of acceptance – Supplementary Order, the Provider will process the order and send confirmation of shipment within 3 business days.

In case of termination of the purchase agreement and in any other case of refund, for whatever reason, the amount will be credited to the User’s PayPal account from which the payment was made. When the order to make payment to the PayPal account, the Provider cannot be considered liable for any delays and omissions in crediting the refund amount, for which it is necessary to contact PayPal directly.

Payment via credit card

For payment by credit card, the permitted circuits are solely Mastercard and Visa, using the ChiantiBanca secure payment service. Please refer to the terms and conditions in full, which provide for payments to be processed through a secure server-to-server connection by using the Secure Sockets Layer (SSL) Protocol. Sensitive credit card information (card number, card holder, expiry date, security code) are encrypted and transmitted directly to the payment processor without transiting from servers that are used by the Provider. Users agree to make payment via credit card within two working days of receipt of the confirmation of acceptance/confirmation of acceptance – Supplementary Order. After receiving payment confirmation for the full amount stated in the confirmation of acceptance/confirmation of acceptance – Supplementary Order, the Provider will process the order and send confirmation of shipment within 3 business days. Users acknowledge and agree that not making payment within the time specified, will mean cancellation of the order and they will in no way be able to advance any claims to the Provider, without prejudice to Provider’s existing rights.

Payment via advance bank transfer

the case of advance bank transfer, confirmation of shipment will be sent as soon as verified the Provider's current account is credited performed. For this it may take a few days. Any costs of transfer, shall be borne solely by the User. Users agree to make payment via bank transfer within two working days of receipt of the confirmation of acceptance/confirmation of acceptance – Supplementary Order, in which the details necessary to make the bank transfer are provided. After receiving payment confirmation for the full amount stated in the confirmation of acceptance/confirmation of acceptance – Supplementary Order, the Provider will process the order and send confirmation of shipment within 3 business days. Users acknowledge and agree that not making payment within the time specified, will mean cancellation of the order and they will in no way be able to advance any claims to the Provider, without prejudice to Provider’s existing rights.

Payment by cash on delivery

Payment for products by cash on delivery is immediately due upon delivery of same. In any case, payment by cash on delivery is only permitted in the following countries and within the amount indicated below:
AUSTRIA, GERMANY and ITALY for amounts not exceeding € 2,999.99 (two thousand nine hundred and ninety-nine thousand/99); BELGIUM, LUXEMBOURG, HOLLAND, PORTUGAL and SPAIN for amounts not exceeding € 2,500.00 (two thousand five hundred/00). Cash on delivery must be made in cash, to be delivered to the shipper and/or the carrier upon delivery of the products. When paying by cash on delivery, Users acknowledge and agree that an additional payment may be required, the amount of which will be stated in the confirmation of acceptance/confirmation of acceptance – Supplementary Order. Invoices will be issued in paper format. An electronic copy of the invoice will be available on the User's account.
In the cases where the User chooses the mode of delivery on delivery and does not pay the shipper and/or the carrier upon delivery of the goods, they will in any case be required to pay the Provider, as a penalty and at the written request of the Provider, in accordance with and for the purposes of art. 1382 Civil Code, the immediately due amount of 20% of the amount due as total payment, as contained in the confirmation of acceptance/conformation of acceptance - supplementary order, in addition to reimbursement of shipment costs.

SHIPMENTS

The Provider delivers throughout the EU, except for the following: Cyprus (CY), Livigno (IT), Campione d’Italia (IT), the Italian waters of Lake Lugano, between Ponte Tresa (IT) and Porto Ceresio (IT), Mount Athos (GR), island of Heligoland (DE), territory of Busingen (DE), overseas departments (Guadeloupe, French Guyana, 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 (GB).

Without prejudice to extraordinary circumstances (but not limited to, natural disasters and force majeure) the Provider undertakes to do everything in their power to submit orders for the product (s) indicated in the shipping confirmation, within the date indicated in the shipping confirmation, and in any event within a maximum of 30 days from the date of shipping confirmation.
In the event that the aforementioned delivery terms are not respected, the Provider will promptly inform the User, granting them the ability to set a new delivery date or to cancel the order, with the consequent refund of the full amount paid.

DELIVERIES

Deliveries will be made by express courier, as stated in the shipping confirmation. Users are invited to contact the carrier for information and/or to communicate any requests. In any case, the customer acknowledges and accepts that the goods travel at customer's own risk.

The User can check the progress of their order at any time by logging in to their account on the site.

In the event that the products have not been delivered after 30 working days following the dispatch of the confirmation of shipment, the User may send an email to the email address customercare@fashionpo.com with the subject line "Delivery failure", indicating the number of the purchase order and any notes. After receiving the e-mail and after the relevant research, the Provider will contact the User within 4 working days to try to reach a speedy solution of the problem.
The products are delivered at the User's own risk which, in their own interest, must check, before collection, the amount, the integrity and quality of what was received.
Any complaints should be advanced directly to the shipper and/or the carrier upon delivery.

The Provider shall not be liable for products that are missing or which have been tampered with and which are not reported directly to the shipper and/or the carrier upon delivery.
In any event, the Provider shall not be responsible for non-delivery or delayed delivery due to force majeure - such as, but not limited to -strikes, measures taken by public authorities, fires, floods, natural disasters, wars and acts of terrorism.

PRODUCT WARRANTIES AND LIMITATION OF LIABILITY

Users acknowledge and agree that the Provider operates as a mere distributor of the products and therefore does not assume any responsibility for the producer or previous seller in the same chain distribution contract or on any other intermediary.

In the event that the products are found to be non-compliant, the user will have the right, at the provider’s exclusive discretion, (i) to restoration of the good’s compliance, free of charge, by means of replacement, or (ii) to reimbursement of the purchase price. In these cases, Users should contact the Provider at the address customercare@fashionpo.com, indicating the type of defect and enclosing an image in .jpeg format in order to certify its existence. The provider will then communicate the solution adopted at to the email address used by the user to send the above-stated communication, reserving the right to provide and/or request any further information to/from the user and/or suitable indications, which may vary depending on the case (for example but not limited thereto, sending photographs of the faulty garments by other media, an indication of the IBAN to use to reimburse payments, an estimate for returning the faulty item, etc). It is agreed that the products are compliant if (i) they respect the description provided and possess the qualities presented on the website, also in the event of insubstantial differences with the product images, provided solely as illustration, on the website; (ii) are suitable for the use for which the products are normally allocated; (iii) have qualities and characteristics that are normal in products of the same type and that can reasonably be expected. To the extent permitted by law, the provider declines all responsibility if the product delivered does not comply with the legislation of the country of delivery, which is not Italy.
In all cases, the user renounces the right to exercise any action of recourse from the provider, pursuant to and in accordance with art. 131 Leg. Decree no. 206 dated 2005.
Except in cases of intent or gross negligence, the Provider will be solely responsible for any damage, direct and predictable at the time of conclusion of the contract of sale, and in any event within the limits of the purchase price of the product in question.
Users expressly acknowledge and agree that in no event will the provider be liable for any losses suffered, loss of profit or any other damage that is not an immediate and direct consequence of its failure to perform or of circumstances that were not foreseeable at the time of conclusion of the sales contract.

GOVERNING LAW AND JURISDICTION

The herein General Conditions of Sale are regulated and must be interpreted pursuant to Italian law.

Application of the United Nations Convention on Contracts for the International Sales of Good is expressly excluded.

Any dispute concerning or arising from these terms or their execution, will be fall exclusively under the jurisdiction of the Court of Prato.

AMENDMENTS TO THE GENERAL CONDITIONS OF SALE

The Provider reserves the right to change the site, the policies and these GTCs, at any time, to offer new products or services or to comply with legal or regulatory provisions. Users will be subject to the policies and GTCs each time in force at the time that proceeds by placing an order, except that any changes to these policies and terms are required by applicable law or by the competent authorities (in which case, they will also apply to previous orders). If any provision of these GTCs is deemed invalid, void or for any reason unenforceable, that condition shall not affect the validity and enforceability of other provisions in any way.

RENUNCIATION

MINORS

Products are not sold to minors. Products for children may be sold, but may only be purchased by users who are over the age of 18 years.

CONTACTS

For any communications please contact the Provider at the following addresses:
-Fashion Group Prato S.r.l. Via del Carmine, 11 CAP 59100 Prato (PO),
-Certified email (PEC): fashiongrouppratosrl@legalmail.it,
-E-mail:info@fashionpo.com
-Tel+390574729286
-Fax+390574621397
If a provision from the herein GTCs should be fully or partly null and void and/or invalid, the remaining provisions of the GTCs will in all cases remain valid and effective.
For anything not expressly stated in these GTCs, current Italian laws will be applied. Provider’s late or delayed application of any of the rights, faculties or powers conferred under these GTCs will be implemented as a waiver confined to individual cases, and will not prevent any subsequent application. Any granting of extensions or other forms of extension by the provider to the user will not change in any way whatsoever, the liabilities stated in these GTCs for each of the parties.

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

Pursuant to and in accordance with articles 1341 and 1342 Civil Code, after carefully reading each clause and having carefully examined the content of the provisions of the articles contained in the General Conditions of Use “Registration on the site”, “Personal Account”, “the User’s Obligations and Responsibilities”, “Intellectual and industrial property”, “Third-party activities”, “Warranties on Products and Limitation of responsibility”, “Violations of conditions of use”, “Express termination clause”, “Applicable law and place of jurisdiction”, “Amendments or variations to the Conditions”, “Renunciation”, the user expressly approves and accepts.

____________, date _______________

Signature

____________________________

Pursuant to and in accordance with articles 1341 and 1342 Civil Code, after carefully reading each clause and having carefully examined the content of the provisions of the articles contained in the General Conditions of Use “Contract”, “Availability of Good”, “Prices”, “Additional Costs”, “Payments”, “Warranties on products and limitations of responsibility”, “Applicable law and place of jurisdiction”, “Amendments or variations to the General Conditions of Sale”, “Renunciation”, the user expressly approves and accepts.

_________________, date ___________________________

Signature

__________________________