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BELGIUM

DIGITAL SERVICES ACT

In this section, you will find information on REGULATION (EU) 2022/2065 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 October 2022 on a single market for digital services (“DSA”). The DSA is an EU-wide set of rules that aims to create a safer digital space where the fundamental rights of all users of digital services are protected.

Average Monthly Active Recipients

Information provided under Article 24 (2) of the DSA: in the period 01/06/2023 - 28/11/2023, the average number of monthly active recipients in the European Union was: 8,718,730.

Contact Point

The contact point for the authorities of the Member States, the Commission, the European Digital Services Committee and the recipients of services, designated in accordance with articles 11 and 12 of the DSA, is the legal department: ynap.corporate@legalmail.it. Communications must be in Italian or English.

Reporting and action mechanism

Any person or entity may report the presence on the site of specific information that such person or entity believes constitutes illegal content or that violates the general conditions of YOOX.

In accordance with the DSA, to submit a report you will need to provide:

a) a sufficiently substantiated explanation of why the information in question is presumed to constitute illegal content;

b) the exact URL address(es) of the product(s) in question to allow the identification of the content to be reported;

c) the name and email of the person or entity making the report, except in the case of information deemed to relate to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and

d) a statement confirming your good faith belief that the information and statements contained in the report are accurate and complete.

NB If reports do not contain all of the above information, YOOX may not be able or have sufficient evidence to assess whether the content is illegal and/or violates its terms.

To submit a report, the user must send an email to the following address: IllegalContent@ynap.com

For any inquiries regarding products sold by YOOX, please contact YOOX Customer Care.

Where the report is well founded, we will take appropriate restrictive measures on the relevant content or partner account as appropriate for the specific case. Otherwise, we will notify you.

Mechanism for handling internal complaints

All recipients of the service, including persons or bodies that have submitted reports, to whom the above decisions are addressed, may lodge a complaint regarding the decision taken by YOOX by sending an email to the following address: DSAComplaints@ynap.com

Complaints may be filed within six (6) months from the day on which the complaining user or partner is informed of YOOX’s decision referred to in the preceding paragraph.

We suggest that you substantiate your complaint in detail so that it can be investigated promptly by YOOX.

Alternatively, or if you are dissatisfied with the decision made by YOOX with your complaint, you will have the right to choose an out-of-court dispute resolution body certified under Art. 21 of the DSA and/or bring the matter before the courts in accordance with applicable law.

Measures and protection against abuse

In the event that manifestly unfounded reports or complaints are frequently submitted, YOOX will suspend the processing of reports or complaints submitted by such users for a reasonable period of time, providing written notice.

If a partner of ours frequently provides manifestly illegal content, we will suspend it for a reasonable period of time or terminate the contractual relationship depending on the severity of its conduct, providing written notice.

For the purposes of the above decisions, we will take into account all relevant facts and circumstances available to us, including:

a) the amount of manifestly illegal content or manifestly unfounded reports or complaints submitted over a 12-month period and their proportion to all content uploaded by the same partner or the number of reports or complaints submitted by the same user;

b) the seriousness of the abuse, including the nature of the illegal content.

Content moderation

In order to sell on the YOOX marketplace, our partners undertake to post content that: (a) is true, correct, accurate, current, and not misleading or otherwise deceptive; (b) does not violate any third party's Intellectual Property Rights or other third party rights, including, but not limited to, proprietary rights and image rights; (c) does not violate any applicable laws; and/or (d) is not defamatory, discriminatory, libellous, unlawfully threatening or harassing.

Likewise, our partners are expressly prohibited from selling products that (a) are stolen and/or parallel imported and/or counterfeit products; (b) infringe in any way any third-party rights, including, but not limited to, third-party Intellectual Property Rights or other proprietary rights; (c) they do not have full rights and authorization to sell; (d) contain obscene, pornographic or child pornography material; and/or (e) contain skins of vulnerable, threatened, endangered or extinct wild species in accordance with Appendix I to the Convention on International Trade in Endangered Species (CITES) and the International Union for Conservation of Nature (IUCN): and/or (d) contain fur of animal origin, as per YOOX's internal policy. “Fur” means any animal skin or part thereof with hair or fur fibres still attached, either in its raw or processed state, and therefore excluding sheared materials, fleece, wool, sheepskin, leather and synthetic materials.

After registering and agreeing to our terms, our partners will be able to independently upload the products they intend to sell on our marketplace.

YOOX does not endorse or pre-screen content uploaded by our partners. However, it regularly conducts spot checks to verify that such content complies with the above restrictions. Any further in-depth checks are activated by YOOX as a result of the above sample checks or reports from third parties. If our partners violate the above restrictions, YOOX may block the upload of such products or remove them from the marketplace, depending on the type of violation committed.

Active sponsorships

The following sponsorships are currently visible to all users accessing the site from an EU country:

ADIDAS, sponsored by ADIDAS ITALY S.p.A.

POLO RALPH LAUREN, sponsored by RL FASHIONS OF EUROPE S.R.L.

MOSCHINO KIDS, sponsored by MOSCHINO KIDS S.r.l.

CALVIN KLEIN, sponsored by PVH ITALY SRL

TOMMY HILFIGER, sponsored by PVH ITALY SRL

COACH, sponsored by Coach Netherlands B.V

SELETTI, sponsored by SELETTI S.p.A.

CONVERSE, sponsored by CONVERSE NETHERLANDS BV ("CNBV")

ADIDAS BY STELLA, sponsored by Adidas AG

KARL LAGERFELD, sponsored by Karl Lagerfeld International BV

LUXOTTICA, sponsored by Luxottica Group

MAX&CO, sponsored by Dedimax