Who we are
Before using or registering on our website or mobile application, please carefully review these Terms of Use (the „Terms”). By registering, you acknowledge your agreement to be bound by these Terms. If you disagree with any part of these Terms, please do not use the website, mobile application, or any services provided on this platform.
These Terms establish the features and services available on the Fioramall website and/or mobile application, as well as the terms of their use. By using Fioramall, you agree to these Terms. We recommend downloading or printing a copy for your reference. You can always access the latest version on our website or request a copy via email.
This document constitutes a legally binding agreement between you, the user of www.fioramall.lt and Fioramall, the operator of these websites.
1. Definitions
1.1. The following terms used in these Terms have the meanings outlined below:
1.1.1. Account: A registered user profile on the Fioramall platform. An Account is required to access the full functionality of Fioramall, including purchasing and selling products.
1.1.2. Client: An individual, business, or entity with a registered Account on Fioramall, primarily using the platform to purchase goods.
1.1.3. Customer: A party purchasing goods from the Client but without direct interaction with Fioramall.
1.1.4. Order: A transaction initiated by a Client to purchase products listed on Fioramall.
1.1.5. Products: Items offered for wholesale purchase on the Fioramall platform.
1.1.6. Seller: An individual, business, or entity with a registered Account on Fioramall, primarily using the platform to sell goods.
1.1.7. Fioramall: A B2B platform serving as an intermediary between Sellers and Clients while providing services to facilitate transactions. Fioramall also acts as an official representative of Sellers and processes transactions on their behalf.
1.1.8. User: Any individual or entity registered on Fioramall, whether as a Client or Seller.
2. Registration and Account
2.1. All Users must register on Fioramall and create an Account to access platform services. Unregistered individuals cannot utilize Fioramall for business activities.
2.2. Upon receiving a registration form, Fioramall will verify the provided information. Proof of business (e.g., VAT ID) must be supplied during registration. The address provided should correspond to the delivery location and will be used for calculating shipping costs. A valid phone number must also be provided for delivery coordination.
2.3. Fioramall reserves the sole right to approve or decline registration requests without explanation.
2.4. Users are required to provide accurate, complete, and current information during registration and to update their details whenever necessary.
2.5. Users are solely responsible for maintaining the confidentiality of their login credentials and are accountable for all actions taken under their Account.
2.6. Sharing Account credentials with third parties is prohibited.
2.7. A User’s Account will only become active after approval from Fioramall. Activation confirmation will be sent to the email address provided during registration.
3. Placement of Orders
3.1. Fioramall acts as an official representative of all Sellers on the platform and facilitates transactions between Sellers and Clients. Clients do not have direct access to Sellers outside the Fioramall platform.
3.2. By placing an Order, the Client agrees to abide by the details specified in the Order and these Terms, which collectively form a legally binding sale-purchase agreement between the Client and the Seller.
3.3. Clients with active Accounts can conclude a sale-purchase agreement by placing an Order on the Fioramall platform or via email communication with Fioramall representatives. The agreement is formed between the Client and the Seller, with Fioramall acting as the Seller’s representative.
3.4. A sale-purchase agreement is deemed concluded once the Seller confirms the Order and payment is received from the Client. Orders will not be executed before payment is completed.
3.5. The Client acknowledges that stock availability may change between the time the Order is placed and the payment is processed. If such changes occur (e.g., the product is sold out, the Seller’s account is deactivated, or product quantities change), Fioramall will not be held liable. In these cases, the Client’s Order will be fulfilled to the extent possible, and a refund will be issued for unavailable items. Fioramall will notify the Client regarding the refund process.
3.6. All Orders will be executed in accordance with the terms specified in the respective Order form and these Terms.
3.7. Once the Order is confirmed, Fioramall will send an email confirmation to the Client containing the Order details.
4. Prices and Payments
4.1. Prices listed on Fioramall exclude VAT and other applicable taxes. Clients and Sellers are individually responsible for complying with relevant tax laws.
4.2. Prices and product specifications are subject to change without prior notice. Clients are responsible for reviewing Order details before placing an Order.
4.3. If a price error is identified, Fioramall will notify the Client of the corrected price. The Order will only proceed if the Client agrees to the updated price. If no agreement is reached, the Order will be canceled, and the Client will receive a refund.
4.4. Payments can be made using Mastercard, Visa, bank transfers, or other methods specified on Fioramall.
4.5. By using any payment methods on Fioramall, Clients agree to the terms associated with them.
4.6. Fioramall may offer discounts or loyalty programs at its discretion. These programs are subject to change or termination without prior notice.
5. Delivery
5.1. The dispatch of Products will be made to the address indicated by the Client at the time of purchase.
5.2. Dispatch times will be indicated on the website. These may vary depending on the Order details, time of payment, and delivery method chosen.
5.3. Delivery prices will be indicated in the Order form. These may vary depending on the delivery method and/or the weight of the products ordered.
5.4. Shipping times will depend on the destination and the delivery method chosen.
5.5. The timescales given are estimates and are not binding. Any delay in the delivery time does not give the Client the right to claim any direct or indirect damages, reject the Order, return the Order, or suspend compliance with any obligation, especially payment.
5.6. Fioramall and/or Sellers will not be responsible for total or partial non-delivery or delay caused by unforeseen events or force majeure, such as strikes, natural disasters, or supply chain disruptions. In such cases, Fioramall reserves the right to cancel Products in transit without compensation to the Client.
5.7. If the Client or a duly authorized recipient fails to accept the Products upon delivery (e.g., by not collecting the Products, being unavailable, or refusing delivery without valid reason), the following will apply:
5.7.1. For uncollected Products valued at €30 or less, the Client will forfeit the right to a refund. Fioramall or the Seller will retain the Products for disposal, and the Client will be liable for all associated administrative and disposal costs.
5.7.2. For uncollected Products valued over €30, the Client will be eligible for a refund, reduced by €20 to cover penalties and administrative expenses incurred due to non-acceptance.
5.8. Products will not be delivered to destinations where customs duties apply if the recipient is the end-consumer. In such cases, the Order will be canceled, and the payment refunded under these Terms.
6. Receipt, Refund, and Warranties
6.1. The guarantee for Products acquired by the Client, which are subsequently distributed to Customers, will be managed directly between the Client and the final Customers. Fioramall and Sellers do not issue warranties to the final Customers.
6.2. At the time of receipt, it is the Client’s responsibility to verify that the goods correspond with the Order, including checking the invoice and ensuring the condition, documentation, and packaging are intact. If there are visible signs of damage, the Client must note this on the delivery receipt (digital or paper). Failure to do so invalidates later claims regarding visible defects.
6.3. Complaints regarding Product quality on delivery will only be accepted within 5 calendar days of receipt. Complaints must include a detailed description and photographs as evidence. Claims made after this period will be deemed invalid, and the Products will be considered as having been delivered in satisfactory condition.
6.4. Sellers provide a standard 12-month Product warranty, which only covers manufacturing defects.
6.5. The Client must deliver any defective Products to the Seller for inspection to qualify for a refund or replacement. Defective Products should be returned to Fioramall, which will facilitate their transfer to the Seller.
6.6. If the Product submitted as defective is found to have no defects, Fioramall will notify the Client that no refund will be issued. The Client must arrange for the return of the Product from Fioramall at their own expense.
6.7. The warranty becomes automatically void in the following cases:
- 6.7.1. The Product’s control labels or other identifying marks are missing or falsified.
- 6.7.2. Damage or faults are caused by improper use, failure to follow instructions, accidents, or negligence.
- 6.7.3. Repairs or maintenance are neglected or performed improperly.
- 6.7.4. The Product is used in unsuitable environments (e.g., extreme temperatures, high humidity, or exposure to dust).
- 6.7.5. The Product’s lifecycle is shorter than the warranty period.
6.8. Complaints must be submitted to Fioramall. Complaints that do not meet the specified requirements may be rejected.
6.9. After receiving a complaint, Fioramall will notify the Client once the Seller evaluates the claim. If the claim is approved, the Client will receive a refund through the original payment method within 10 business days. This does not include additional time required for processing by the Client’s bank or payment provider.
7. Return
7.1. Once an Order has been confirmed by Fioramall, the Client does not have the right to cancel the Order or return the received Products unless explicitly agreed otherwise in a separate agreement.
7.2. The no-return policy does not apply to defective Products or cases where the Seller shipped the wrong Product. In such instances, the Client must follow the procedures outlined in Section 6 of these Terms to initiate a refund or replacement process.
8. Resell
8.1. The Client may resell Products purchased via Fioramall only where legally permitted and in compliance with all applicable laws and regulations. For the avoidance of doubt, all agreements concluded via Fioramall are non-exclusive, and Clients are solely responsible for adhering to relevant laws governing their resale activities.
8.2. Fioramall is not an official distributor of any brands listed on the platform. Any future resale activities by the Client are performed at their own discretion and liability. Fioramall assumes no responsibility for how the Client markets, advertises, or sells the Products purchased on the platform.
8.3. Under no circumstances may the Client advertise Products for sale by listing Fioramall as the seller, supplier, or prior owner, or in any other context that associates Fioramall with the Client’s resale activities. If the Client resells Products to third parties, the Client must ensure that such third parties comply with the provisions of these Terms as though they were the Client.
9. Prohibited Activities
9.1. Fioramall strictly prohibits any activity that infringes upon intellectual property laws. Users must not engage in actions that violate copyrights, trademarks, or other proprietary rights.
9.2. Users agree not to disassemble, modify, reverse engineer, decompile, or perform any actions that violate licensing agreements or third-party intellectual property rights related to any products purchased or sold via Fioramall.
10. Content
10.1. Fioramall owns all content displayed on the platform, including images, text, design elements, and software. This content is protected by copyright and other intellectual property laws.
10.2. Replication, transmission, or use of Fioramall content in any way without explicit authorization is prohibited.
10.3. Clients may download the catalog available on the platform for informational purposes. However, the catalog’s content is provided solely as a recommendation for advertising and may not be considered Fioramall’s original content. Users must independently ensure their compliance with intellectual property laws when using catalog materials.
11. Intellectual Property
11.1. Rights to product images, trademarks, and branding visible on Fioramall belong to their respective owners and are protected by intellectual property laws.
11.2. Sellers guarantee that all products listed for sale are genuine, legally obtained, and distributed with the necessary permissions or authorizations.
11.3. Sellers ensure their products have not been altered or modified and are eligible for legal circulation within the market.
11.4. Clients are responsible for all future resale activities, which must comply with applicable laws and industry standards.
11.5. Fioramall is not an official distributor for any brands and solely facilitates transactions as an intermediary.
11.6. Sellers guarantee they have the required permissions to sell products online and via marketplaces like Fioramall. However, Clients must verify their own sales channels comply with selective distribution requirements, relieving Fioramall of any associated liabilities.
11.7. Fioramall reserves the right to suspend or terminate User accounts for violations of intellectual property or distribution conditions.
12. Privacy Policy
12.1. Fioramall acts as a data controller when collecting personal information from Users, ensuring compliance with applicable data protection laws.
12.2. Users may be required to provide personal information such as name, email, phone number, and address to process inquiries, orders, or other interactions with the platform.
12.3. Payment processing may involve collecting credit card or bank details, which are used solely for completing transactions and ensuring delivery.
12.4. All personal data collected by Fioramall is stored securely and is processed within the European Union.
12.5. Users are responsible for keeping their personal data accurate and up to date. Fioramall must be notified of any changes.
12.6. Users have the right to access, update, or delete their personal data by contacting Fioramall directly.
12.7. Privacy-related concerns or inquiries should be addressed to Fioramall at info@fioramall.lt.
13. Liability
13.1. Fioramall does not guarantee the suitability of any Product for specific purposes and disclaims liability for losses or damages arising from improper use.
13.2. Fioramall is not responsible for any breaches of contractual obligations by Sellers or Clients.
13.3. Fioramall assumes no liability for losses or damages resulting from Sellers’ non-compliance with applicable laws or regulations.
13.4. Users agree to indemnify Fioramall against claims, losses, or expenses arising from their use of the platform, including but not limited to defective products, disposal issues, or violations of legal obligations.
13.5. Fioramall is not liable for indirect, consequential, or punitive damages, including but not limited to lost profits, business interruptions, or reputational harm.
14. Miscellaneous
14.1. Cooperation: Users must respond to Fioramall inquiries within two business days. If no response is received, Fioramall may act independently to resolve issues within the scope of these Terms.
14.2. Termination: Users may terminate their agreement with Fioramall by deleting their Account. However, Fioramall may retain Accounts with outstanding obligations or unresolved issues.
14.3. Assignment: Users may not transfer or delegate their rights or obligations under these Terms without prior written approval from Fioramall. Fioramall may assign these Terms in connection with mergers, reorganizations, or similar transactions.
14.4. Limitations of Liability: Fioramall is not responsible for indirect or consequential damages, including lost profits or missed business opportunities.
14.5. Governing Law and Jurisdiction: These Terms are governed by the laws of the Republic of Lithuania. Disputes will be resolved in the courts of Vilnius, Lithuania.
14.6. Severability: If any part of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in effect.
14.7. Changes to Terms: Fioramall reserves the right to amend these Terms at any time. Users will be notified of significant changes, and continued use of the platform constitutes acceptance of the updated Terms.