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General Terms and Conditions of Use and Sale

(Last updated: 06.07.26)

To view the previous version, please visit the General Terms and Conditions of Use and Sale page.

Fashion Group Prato S.r.l. (hereinafter also referred to as "FASHIONPO" or "Provider") provides website features and other products and services to the user (hereinafter also referred to as the "Customer") when visiting or making purchases on www.fashionpo.com (hereinafter also the "Site"), using services provided by FASHIONPO, or using the mobile application.

By using the Site, the user declares to be aware of and fully accepts the following terms and conditions of use and sale, as well as the Privacy Policy and Cookie Policy published thereon. If the user does not accept them, they are invited not to use this Site.

The following terms and conditions ("General Conditions of Use and Sale" or "GTC"), together with the additional terms and conditions contained in the "Privacy Policy" and "Cookie Policy", govern the provision of services offered by the company Fashion Group Prato S.r.l., with registered office at Via dei Confini n.20, 59100 Prato (PO), VAT/Fiscal Code IT02346630979, registered in the Register of Companies of the Chamber of Commerce of Prato REA PO-526461, email info@fashionpo.com, Certified Email (PEC) fashiongrouppratosrl@legalmail.it, tel +390574729286.

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

DEFINITIONS, PREMISES, AND ANNEXES

For the purposes and effects of these General Terms and Conditions of Use and Sale, the following terms shall have the meanings specified below:

"User" and/or "Customer": the legal entity located within the E.U., acting for purposes related to its entrepreneurial, commercial, craft, or professional activity, if any, or its intermediary. To this end, users with registered offices outside Italian territory are reminded that, to complete any purchase of goods on the Site, they must be registered in VIES and/or possess a valid and active VAT number in their home country, or possess documentation certifying their status as a company/legal entity. The User is therefore required to communicate any changes to tax and corporate data. The User is solely responsible for the truthfulness of the data provided as a buyer;

"Services": the offer and sale of Products on the Site, Marketplace services, logistics and shipping services, as well as all additional related services made available via the Site and/or App;

"Marketplace": the section of the www.fashionpo.com platform through which Suppliers directly publish and commercialize their products to Customers;

"Supplier": the third party, natural or legal person, participating in the Marketplace service and selling their products to Customers through the FashionPO platform;

"Marketplace Products": products published and sold directly by Suppliers through the Marketplace, for which FashionPO does not act as seller;

"FashionPO Products": products sold directly by FashionPO acting as seller;

"Purchase Order": the purchase proposal submitted electronically by the user via the Site;

"Order Confirmation": the electronic communication by which Fashion Group Prato S.r.l. notifies the user of having received the Purchase Order, without yet having submitted it to the data verification and availability process;

"Order Rejection": the electronic communication by which the Provider informs the user of the non-acceptance of the Purchase Order;

"Acceptance Confirmation": the communication confirming the acceptance of the Purchase Order and summarizing applicable quantities, prices, shipping costs, and payment methods;

"Limited Item Availability Communication": the electronic communication by which FashionPO informs the user that, following internal verification, the quantity of available items is less than 75% of the total quantity of items in the Purchase Order.
Should the Customer wish to cancel the order, regardless of the percentage of goods availability, they may do so exclusively within 2 hours following order placement.

"Shipment Confirmation": the communication by which FashionPO informs the user that the Order has been shipped, including summary and expected delivery times;

"Purchase Price": the price of Products published on the Site, net of taxes, shipping costs, and any other applicable charges;

"Collection Mandate": the mandate granted by Suppliers to FashionPO to collect, in its own name and on behalf of the Suppliers themselves, the amounts due from Customers for the sale of Marketplace Products;

"Wallet": the virtual wallet through which the user can load funds to be used for future purchases on the Site;

"Coupon": digital discount vouchers usable according to the terms indicated on the Site from time to time;

"VIES": VAT Information Exchange System;

"Business Days": days from Monday to Friday, excluding Italian national holidays.

The definitions, premises, and annexes form an integral and substantial part of these GTC.

Annexes to these GTC include the Privacy Policy, Cookie Policy, and any further documents referenced herein.

1) GENERAL CONDITIONS OF USE

We invite the user to read these general terms of use ("General Conditions of Use") carefully before using the Services offered by FASHIONPO. By using such services, the user fully accepts these General Conditions of Use.

FASHIONPO offers a wide range of services; therefore, the user may be subject to additional conditions. When using a Service offered by FASHIONPO (such as User Profile or mobile app), the user will also be subject to the guidelines and general terms applicable to that specific service.

1.1 - PRIVACY

We invite the user to consult the Privacy Policy and Cookie Policies governing the use of Services provided by FASHIONPO.

1.2 - ELECTRONIC COMMUNICATIONS

When using Services or sending communications via email, text messages, or from a computer or mobile device, the user communicates electronically with us. FASHIONPO may communicate with the user in various ways, such as email, text messages, in-app notifications, or by posting messages on the site or through other services. Subject to specific mandatory legal provisions, for the purposes of this contract, the user consents to receiving electronic communications from FASHIONPO and acknowledges that all contracts, notices, disclosures, and other communications provided electronically satisfy any legal requirement for written form.

1.3 - LICENSE FOR SERVICE ACCESS

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

It is prohibited to reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose the Services offered by FASHIONPO in whole or in part without our express written consent. Framing techniques or framing to enclose trademarks, logos, or other proprietary information (including images, text, page layout, or form) of FASHIONPO without express written consent are prohibited. The use of meta tags or "hidden text" using FASHIONPO's name or trademarks without express written consent is prohibited. The user may use the provided services solely within legal limits. Breach of these General Conditions of Use will result in revocation of authorization for use granted by FASHIONPO.

1.4 - SUBJECT MATTER AND DESCRIPTION OF THE SITE

These GTC govern the use of the Site, as well as the offer and sale of Products through it. Commercial activities conducted through the Site are directed exclusively at economic operators and are conducted wholesale within the European Union, subject to territorial limitations indicated herein.

Access to the Site and related services is reserved for legal entities and economic operators holding VAT registration acting in the exercise of their business, commercial, craft, or professional activities.

The Site allows unregistered Users only to browse public areas. Unregistered Users are not permitted to view Product prices or make purchases.

The Site allows registered Users to browse catalogs, view prices, make purchases, and use additional available services.

Products sold directly by FashionPO as well as products sold by third-party Suppliers participating in the Marketplace service may be commercialized through the Site. The seller entity will be indicated for each product.

Regarding Marketplace Products, FashionPO operates solely as the tech platform manager, logistics provider, and payment collection agent on behalf of participating Suppliers, without assuming the status of seller for such products.

Product presentations on the Site constitute an invitation to Users to submit a purchase proposal. Such invitations are non-binding and do not constitute a public offer under Art. 1336 of the Italian Civil Code.

1.5 - SITE REGISTRATION

Use of Services is permitted only to registered Users located within the E.U. (restricted to countries where FASHIONPO ships, see SHIPPING section) possessing legal capacity under Italian law.

Registration involves entering corporate and personal details (e.g., company name, VAT/Tax ID, contact person full name).

To complete registration and access Services, the user must accept these GTC by checking the corresponding checkbox, and provide consents for personal data processing where required.

These GTC are accessible via a dedicated footer link on www.fashionpo.com as a downloadable PDF.

The user undertakes to provide complete, accurate, and truthful personal data and keep it updated. FASHIONPO reserves the right to verify completeness, accuracy, and truthfulness. Incomplete or untrue data may lead FASHIONPO, at its sole discretion, to reject registration or orders and request further documentation.

FASHIONPO shall not be held liable for fraudulent, incomplete, or incorrect information declared by the user, who assumes all civil and criminal responsibilities.

1.6 - PERSONAL ACCOUNT

Access credentials are free, strictly personal, and non-transferable. The user is solely responsible for maintaining credential confidentiality and all activities connected to them.

The user agrees to keep credentials diligently and control device access. In case of theft, loss, or unauthorized use, the user must immediately notify the Provider via info@fashionpo.com or +390574729286 and update login details.

The user remains solely responsible for consequences of lost or stolen credentials. FASHIONPO reserves the right to accept, refuse, or amend registration or purchase requests at its sole discretion. Registered users may delete their profile at any time via Site functionality.

1.7 - USER OBLIGATIONS AND RESPONSIBILITIES

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

By using the Site or placing orders, the user agrees to: use the Site only for legitimate consultations/orders, and not place false or fraudulent orders. If sufficient grounds exist to suspect a fraudulent order, the Provider is authorized to cancel it and inform competent authorities.

The user undertakes to provide accurate VAT/TAX ID, company name, email, billing, and shipping details necessary for service delivery.

The user agrees not to use Services in ways that cause or may cause service interruption, damage, or malfunction, or for fraudulent/unlawful purposes.

1.8 - INTELLECTUAL AND INDUSTRIAL PROPERTY

All intellectual and industrial property rights regarding the Site, content, and materials (including domain names, trademarks, patents, design, text, images, layout, software) remain with FASHIONPO and its licensors. Systematic extraction/reuse of site content without prior written consent is prohibited. For intellectual property dispute notices, contact amministrazione@fashionpo.com.

1.9 - THIRD-PARTY ACTIVITIES

The Site may contain spaces or links managed by third parties for service delivery (e.g., payment gateways, ad spaces). Relationships between Users and third parties are governed by separate contracts. The Provider exercises no control over third-party sites and assumes no liability for losses or damages arising from their use.

1.10 - PRODUCT WARRANTIES, LIMITATIONS OF LIABILITY AND EXCLUSIVITY

The user acknowledges that FASHIONPO acts merely as a distributor and assumes no liability incumbent upon the manufacturer or prior sellers in the distribution chain.

In case of non-conformity, the User may file a claim within 8 days of receipt using the online form in their account, uploading photos of defects. FASHIONPO staff will evaluate the claim. Upon approval, return of items may be requested at Provider's expense.

FASHIONPO may elect not to require item return; in any case, FASHIONPO will refund the defective items' cost via wallet top-up, bank transfer, or PayPal refund at Customer choice.

For Marketplace Products, FashionPO is not the seller. The Supplier indicated on the product sheet remains solely liable for conformity, quality, safety, labeling, description, and legal commercialization. FashionPO provides administrative assistance without direct liability for Marketplace sales.

User waives rights of recourse against FASHIONPO pursuant to Art. 131 of Legislative Decree 206/2005. Except for intentional misconduct or gross negligence, FASHIONPO is liable only for direct, foreseeable damages up to the purchase price value. Indirect losses, lost profits, or consequential damages are excluded. No sales exclusivity (geographical, municipal, or street-level) is granted.

1.11 - VIOLATION OF CONDITIONS OF USE

FASHIONPO reserves the right to suspend/terminate accounts or block site access temporarily or permanently upon breach of obligations. The user must remedy violations or submit proof within 24 hours of notification; failure to do so allows immediate contract termination and legal remedies.

1.12 - EXPRESS TERMINATION CLAUSE

Obligations under these Conditions of Use are essential. Unfulfilled obligations (excluding force majeure) cause immediate contract termination ex Art. 1456 of the Italian Civil Code.

1.13 - APPLICABLE LAW AND JURISDICTION

Governed by Italian law (Italian text prevails in translations). UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Exclusive jurisdiction: Court of Prato.

1.14 - PERSONAL DATA PROCESSING

Processed under applicable regulations. See Privacy Policy at www.fashionpo.com/it/privacy.

1.15 - AMENDMENTS TO CONDITIONS

FASHIONPO reserves the right to amend conditions at any time. Continued service use constitutes acceptance of updated terms.

1.16 - WAIVER

Failure to exercise rights does not constitute a waiver of action for user breaches.

1.17 - MINORS

Products are not sold to minors. Children's products may only be purchased by adults.

1.18 - CONTACTS

Fashion Group Prato S.r.l., Via dei Confini 20, 59100 Prato (PO)

PEC: fashiongrouppratosrl@legalmail.it | Email: info@fashionpo.com | Tel: +390574729286

Available languages: Italian, English, French, German, Spanish, Portuguese.

2) GENERAL CONDITIONS OF SALE

Please read these General Conditions of Sale carefully before purchasing. They govern direct sales by FashionPO and sales by third-party Marketplace Suppliers. For Marketplace Products, FashionPO acts as platform operator, logistics provider, and collection agent.

2.1 - CONTRACT

Product listings constitute an invitation to offer. The user declares not to be a "consumer" under Leg. Decree 206/2005 (B2B platform); consumer rights (right of withdrawal/recourse) do not apply.

Order placement: select items into cart, choose delivery/payment options, review summary, and click "SEND ORDER AND BUY". Credit card/PayPal/Wallet orders authorize immediate payment; bank transfers are paid post-acceptance confirmation. Order deletion is permitted only within 2 hours of placement.

Upon order receipt, FASHIONPO sends an "Order Confirmation" (acknowledgment of receipt, not acceptance). Availability verification finishes within 3 business days, resulting in "Acceptance Confirmation" or "Limited Item Availability Communication". FASHIONPO may reject orders ("Order Rejection") and unblock funds.

If availability falls below 75%, the Customer receives a Limited Availability Communication and has 24 hours to submit a supplementary order or confirm available quantities. If no response is received, the order is processed at the communicated available quantity.

The contract is finalized upon transmission of Acceptance Confirmation. For Marketplace Products, the contract is formed directly between Customer and Supplier.

2.2 - GOODS AVAILABILITY

Fast-fashion stock shifts rapidly; available items may differ from ordered quantities. Orders can be canceled only within 24 hours of submission (or 2 hours per standard terms). For availability under 75%, Customer options apply as detailed above.

2.3 - PRICES

All prices are in Euros, net of VAT, taxes, and shipping fees. Marketplace prices are set by Suppliers. Shipping fees calculate automatically based on parcel count, weight, destination, and order value. Material price errors may be corrected by FashionPO; Customers can reconfirm or cancel within 24 hours.

2.4 - SHIPPING COST VARIATIONS

Free shipping promotions (if offered) apply to FashionPO logistics/transportation services and do not affect Supplier product prices.

2.5 - ADDITIONAL COSTS

Deliveries outside Italy may incur import duties/taxes payable by the user upon reaching destination. Custom clearance costs are user responsibility.

2.6 - PROMOTIONS

Discounts display beneath items showing original price, discount, and final price. Promos/coupons apply to both FashionPO and Marketplace products unless restricted.

2.8 - PAYMENTS

Payment methods: Credit Card (Mastercard, Visa, Maestro, Discover via PayPal), PayPal, Bank Transfer, Wallet. Credit card/PayPal authorizations lock funds until Acceptance Confirmation. Cancellations after 2 hours incur a 20% penalty fee. Bank transfer payments must occur within 24 hours of acceptance confirmation.

For Marketplace products, payments made to FashionPO discharge Customer obligations toward Suppliers. Suppliers issue merchandise invoices directly; FashionPO issues invoices for platform/shipping services.

2.9 - SHIPMENT

Deliveries cover the E.U., excluding specified remote/outermost territories (Cyprus, Livigno, Canary Islands, Ceuta, Melilla, Channel Islands, etc.). Marketplace items are consolidated at FashionPO logistics centers. Dispatch occurs within 3 business days from Acceptance Confirmation or bank transfer receipt (max 30 business days).

2.10 - DELIVERIES

Delivered via express courier at user risk; shipping insurance is optional. Claims for missing/damaged packages must be noted directly with the carrier upon delivery ("received with reserve"). Claims regarding Marketplace product defects must be directed to the respective Supplier within 8 days of receipt.

2.11 - MARKETPLACE PRODUCTS – RETURNS, REFUNDS, AND CLAIMS

Return requests/claims for Marketplace items must be submitted via FashionPO support channels within 8 days of receipt. FashionPO coordinates administrative routing. Refunds are issued by FashionPO only after Supplier return acceptance and credit note issuance. Suppliers bear full liability for product specifications, labeling, safety, and tax compliance.

2.12 - APPLICABLE LAW AND JURISDICTION

Governed by Italian law. Disputes regarding site use or direct FashionPO services are subject exclusively to the Court of Prato.

2.13 - AMENDMENTS TO SALE CONDITIONS

FashionPO reserves the right to update sales conditions at any time. Terms active at order placement apply.

2.14 - WAIVER

Failure to enforce provisions does not constitute a waiver of rights.

2.15 - CONTACTS

Fashion Group Prato S.r.l., Via dei Confini 20, 59100 Prato (PO)

PEC: fashiongrouppratosrl@legalmail.it | Email: info@fashionpo.com | Tel: +390574729286

Pursuant to Arts. 1341 and 1342 of the Italian Civil Code, the User explicitly approves clauses: 1.5 Registration; 1.6 Personal Account; 1.7 User Obligations; 1.8 Intellectual Property; 1.9 Third-party Activities; 1.10 Warranties and Liability Limitations; 1.11 Breach; 1.12 Express Termination; 1.13 Jurisdiction; 1.15 Amendments; 1.16 Waiver; 2.1 Contract; 2.2 Goods Availability; 2.3 Prices; 2.5 Additional Costs; 2.8 Payments; 2.11 Marketplace Returns/Claims; 2.12 Jurisdiction.

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