Terms and Conditions (Service Agreement)

FUERA DEL MOLDE TERMS AND CONDITIONS OF USE AND SERVICES

Identification of FUERA DEL MOLDE

FUERA DEL MOLDE® is a commercial establishment of Grupo Tecnológico CATO S.A.S., a Colombian company identified with Tax Identification Number (NIT) 900.494.361-8, with mailing and business address at CL. 152 # 72-03, Tower 4, Bogotá D.C., and address for service of judicial notices at Calle 45A # 53-51, Barrio Virrey, Villavicencio, Meta. Contact telephone numbers: 310 283 6520 and 314 481 6215. For purposes of these Terms and Conditions, it may be referred to as “FUERA DEL MOLDE”, “FDM”, “we”, “our” or “us”, as applicable. The customer service email address is [email protected].

Purpose and Scope

These Terms and Conditions govern access to and use of the FUERA DEL MOLDE marketplace, available through www.fueradelmolde.com, its progressive web application (PWA), and any other digital channels made available by FUERA DEL MOLDE.

The Marketplace allows, among other activities, users to browse and purchase products; create, upload or publish content and designs; customize products; offer products or services; commercialize designs and content; manage orders, payments, manufacturing, customization, printing, distribution and delivery; and use any other features enabled by FUERA DEL MOLDE.

FUERA DEL MOLDE’s participation and responsibility may vary depending on the applicable product, service and sales model. Accordingly, before making a purchase, the User must be able to identify who is acting as the Seller of the Product and, where applicable, who participates in its manufacture, customization, printing or the provision of related services.

Acceptance of the Agreement and Applicable Policies

By registering, creating an account, placing an Order, publishing Content, offering Products or Services, or using Marketplace features that require acceptance of these Terms and Conditions, the User represents that they have read them and agrees to be bound by them. Where applicable, FUERA DEL MOLDE may request such acceptance through electronic mechanisms available on the Marketplace and retain reasonable evidence of acceptance. FUERA DEL MOLDE will keep the contractual terms available so that they may be consulted, retained, printed or downloaded before and after the transaction, in accordance with applicable law.

These Terms and Conditions are supplemented by the policies, agreements and specialized sections of the FUERA DEL MOLDE Help Center that are published, in force and applicable to the relevant feature, Product, Service or type of User. These may include the Privacy and Data Protection Policy, the Intellectual Property Rights/Advertising Policy, the Content and Community Guidelines, the Delivery and Shipping terms, Exchanges and Returns, Cancellation Request, Product Safety, the Partner Negotiation and Categorization Agreement, and the specific terms for Sellers, Artists, Printers and other Associates. Specific policies or terms will govern the particular subject matter they address and will apply together with this Agreement.

If a User does not agree with these Terms and Conditions or with any policy applicable to them, the User must refrain from using the relevant feature, Product or Service.

Definitions

For purposes of these Terms and Conditions, the following terms shall have the meanings set forth below:

• FUERA DEL MOLDE or FDM: the trade name and Marketplace operated by Grupo Tecnológico CATO S.A.S., through which the features, Products and Services described in these Terms and Conditions are offered.

• Grupo Tecnológico CATO S.A.S.: the legal entity that owns and operates FUERA DEL MOLDE and that, depending on the applicable model, may act as Seller, service provider, technology operator, Manufacturer or Producer, Printer, manager, service coordinator, or in any other role applicable to a transaction.

• Marketplace: the digital environment operated by FUERA DEL MOLDE through which Users may access the available features, Products and Services.

• User: any natural or legal person who accesses or uses the Marketplace, regardless of whether they are registered or make a purchase.

• Buyer: the User who purchases a Product or Service through the Marketplace.

• Seller: the natural or legal person who offers and sells Products or Services to Buyers through the Marketplace. Depending on the applicable listing, the Seller may be FUERA DEL MOLDE or a third party.

• Artist: the User who uploads, publishes, licenses or commercializes designs, illustrations, photographs, graphic works or other content that may be incorporated into Products or used within the Marketplace.

• Manufacturer or Producer: the natural or legal person responsible for manufacturing a Product commercialized through the Marketplace.

• Printer: the User or third party responsible for carrying out printing, stamping, customization or other processes applied to a Product.

• Associate: the User linked to FUERA DEL MOLDE through a commercial, manufacturing, design, printing, distribution, promotion or other arrangement enabled by the Marketplace.

• Content: any design, graphic work, photograph, illustration, text, information, video, sound, trademark, digital file or other material uploaded, published or provided by a User.

• Product: any physical or digital good offered or purchased through the Marketplace, including customized products or products that incorporate Content.

• Service or Services: any service, feature or activity offered, provided, facilitated or coordinated through the Marketplace by FUERA DEL MOLDE or a third party, according to the applicable role and model.

• Help Center: the FUERA DEL MOLDE information environment where guides, policies, procedures and specific terms related to use of the Marketplace, purchases and the different types of User are published.

• Data Subject: the natural person whose personal data is processed, for purposes of the provisions on privacy and personal data protection.

• Order: the request to purchase one or more Products or Services made by a Buyer through the Marketplace and accepted in accordance with the applicable purchase process.

The same User may act in one or more of the foregoing roles, depending on the activities carried out within the Marketplace. The applicable obligations will depend on the role performed in each transaction.

Roles of FUERA DEL MOLDE in Transactions

FUERA DEL MOLDE operates a Marketplace in which different sales and service-provision models may coexist. The identity of the Seller and, where relevant, the Manufacturer, Producer, Printer or other relevant participant must be disclosed in the Product listing, during the purchase process or through the mechanisms enabled on the Marketplace.

Depending on the applicable model, FUERA DEL MOLDE may act:

a) As direct Seller, when the Product or Service is sold directly by FUERA DEL MOLDE to the Buyer.

b) As Seller of Products manufactured, supplied, printed or customized by third parties, when FUERA DEL MOLDE sells the Product to the Buyer and certain processes are performed by third parties.

c) As Marketplace operator, when an independent Seller markets Products or Services through the features provided by FUERA DEL MOLDE.

d) As provider or coordinator of complementary services, when FUERA DEL MOLDE facilitates or manages, as applicable, technology services, Order processing, payment collection or management, manufacturing, customization, printing, promotion, customer service, logistics or other activities related to a transaction.

FUERA DEL MOLDE’s specific involvement in each transaction will correspond to the model disclosed to the User and to the features actually provided. The description of these roles does not exclude, modify or limit the obligations and responsibilities of FUERA DEL MOLDE, the Seller, the Producer or any other participant under applicable law.

Structure of the Agreement

These Terms and Conditions are organized into the following sections:

i) General terms for all Users.

ii) Specific terms for Buyers.

iii) Specific terms for Sellers and Associates.

iv) Supplemental and final provisions.

I. GENERAL TERMS FOR ALL USERS

1. Eligibility to Use the Marketplace

General access to the Marketplace is available without registration. However, as a general rule, creating an account, engaging in sales activities, publishing Content for monetization purposes, and any other actions that create contractual obligations are reserved for persons over eighteen (18) years of age who have legal capacity to contract, except for specific features that FUERA DEL MOLDE may enable for minors in accordance with the law.

When a sale is made through the Marketplace, FUERA DEL MOLDE will take reasonably available measures to verify the consumer’s age. If a Product or Service is to be purchased by a minor, the transaction must have the express authorization of the minor’s parents or legal representatives, and FUERA DEL MOLDE must retain a record of that authorization in accordance with the laws applicable to electronic commerce.

FUERA DEL MOLDE may request information or carry out reasonable verifications as necessary to establish the User’s age, the identity of the person granting authorization and, where applicable, their status as parent or legal representative. Authorization for one transaction does not, by itself, constitute a general authorization for the minor to make other purchases or enter into other contractual transactions within the Marketplace.

Legal entities must act through a natural person duly authorized to represent them or administer the relevant account.

2. Permitted Use of the Marketplace

Users must use the Marketplace lawfully, diligently and in accordance with these Terms and Conditions, the applicable policies and the intended purpose of the enabled features.

The Marketplace may not be used to engage in fraudulent activities, impersonate third parties, infringe intellectual property rights, interfere with the security or operation of the platform, introduce malicious code, manipulate reputation or transaction systems, circumvent payment mechanisms or applicable fees, obtain unauthorized access to accounts or systems, collect information from other Users without authorization, or engage in any conduct contrary to the law or FUERA DEL MOLDE policies.

FUERA DEL MOLDE may adopt reasonable prevention, verification and security measures to protect Users, transactions and the integrity of the Marketplace.

3. Amendments to the Terms and Conditions

FUERA DEL MOLDE may update these Terms and Conditions and its policies when necessary due to legal, regulatory, technological, operational, commercial or security changes, or due to the introduction or modification of features and services.

When an amendment is material to Users’ rights or obligations, FUERA DEL MOLDE will endeavor to communicate it through the Marketplace, email or another reasonable channel before it takes effect, unless a law, an order from a competent authority or an urgent security situation requires immediate application.

Amendments will take effect on the stated effective date. Transactions already entered into will remain subject to the terms accepted at the time they were concluded, unless the law requires otherwise or the change benefits the User and is applicable.

Use of features requiring renewed acceptance may be conditioned on the User expressly accepting the updated version of the Terms and Conditions.

4. Electronic Communications

FUERA DEL MOLDE may send the User electronic communications necessary to provide its services and perform the contractual relationship, such as registration confirmations, security notices, communications regarding Orders, payments, manufacturing, customization, shipments, returns, claims, operational changes or contractual amendments.

Advertising, promotional or commercial prospecting communications that involve the processing of personal data will be sent in accordance with the authorization granted by the Data Subject and applicable law. The User may exercise the applicable rights of access, updating, rectification, withdrawal of authorization or deletion, and may use the mechanisms provided to stop receiving commercial communications, without affecting transactional or service communications necessary to manage an ongoing relationship.

Where the law recognizes the validity of communications, expressions of intent or acceptances made electronically, they may produce the corresponding legal effects. FUERA DEL MOLDE may retain reasonable evidence of electronic acceptances and communications associated with an account or transaction.

5. Personal Data Protection and Privacy

The processing of personal data by FUERA DEL MOLDE will be governed by the Privacy and Data Protection Policy and applicable law.

FUERA DEL MOLDE may collect and process the data necessary to manage accounts, provide Services, process transactions, respond to requests, prevent fraud, comply with legal obligations and carry out the purposes previously disclosed to the Data Subject. Where the law requires authorization, it must be obtained through a mechanism that allows proof that such authorization was granted.

Specific information on categories of data, purposes, cookies and similar technologies, transfers or transmissions, retention, security measures, Data Subject rights, permissions associated with features, and channels for exercising rights will be set out in the Privacy and Data Protection Policy.

6. Third-Party Sites, Services and Tools

The Marketplace may integrate with or contain links to websites, platforms, payment gateways, logistics services, social networks, technology tools or other services operated by third parties.

The inclusion of a link or integration does not, by itself, mean that FUERA DEL MOLDE controls, endorses or guarantees all of the third party’s content, products, services, policies or practices. Use of third-party services may be subject to their own terms and policies.

FUERA DEL MOLDE will remain responsible for the obligations legally attributable to it with respect to the features or services it integrates into its operations, without prejudice to the responsibilities of the third party according to its participation in each service.

7. Account Management and Security

When creating an account, the User must provide truthful, complete, accurate and up-to-date information. When an account belongs to a legal entity, the person registering or administering it must be authorized to act on its behalf.

FUERA DEL MOLDE may request information or documents reasonably necessary to verify the User’s identity, capacity, representation, tax or banking information, prevent fraud, comply with legal obligations or protect Marketplace security. Failure to provide necessary information may result in proportionate restrictions on features that depend on such verification.

The User is responsible for keeping their credentials confidential, using reasonable security measures and promptly reporting any unauthorized access or suspected compromise of their account. FUERA DEL MOLDE may provide account-recovery procedures and request additional verification before restoring access to an account.

The User will not be responsible for unauthorized transactions where liability is legally attributable to FUERA DEL MOLDE, a service provider or a third party. Each case will be assessed based on the circumstances, applicable security measures and applicable law.

In the event of a User’s death, incapacity or subsequent representation, FUERA DEL MOLDE may request the necessary documentation from heirs, representatives or other duly authorized persons before allowing actions involving the account, information or associated balances.

8. Intellectual Property and Claims

FUERA DEL MOLDE respects intellectual property rights and requires Users to do the same.

Users who publish, upload, commercialize or use Content must have all rights, licenses, authorizations or permissions necessary to do so. Specific rules regarding intellectual property, copyright, industrial property, image rights, licenses, advertising, trademark use and procedures for claims, removal or restoration will be set out in the Intellectual Property Rights/Advertising Policy in force at the time.

Anyone who believes that Content, a Product or a listing infringes their rights may use the reporting or claims mechanisms made available by FUERA DEL MOLDE. The requirements, supporting documentation and stages applicable to intellectual property claims will be set out in the corresponding specialized policy.

FUERA DEL MOLDE may remove, restrict, disable or restore Content based on the available information, its policies, the rights of the parties and applicable legal obligations.

9. User-Generated Content

The User is responsible for the Content they upload, publish, communicate, commercialize or otherwise make available through the Marketplace, and for the consequences arising from its use.

Content must comply with these Terms and Conditions, the Content and Community Guidelines, the Intellectual Property Rights/Advertising Policy and the law. Categories of permitted, restricted or prohibited Content, as well as specific community and safety rules, will be set out in the Content and Community Guidelines in force at the time.

The technical availability of tools to upload or publish Content does not constitute prior approval of its legality, ownership or compliance. FUERA DEL MOLDE may implement preventive or subsequent controls and take action when it detects or receives reasonable information concerning a possible infringement.

10. Reporting Content and Products

Users may report Content, Products, listings, accounts or conduct they believe violate these Terms, FUERA DEL MOLDE policies or the law, using the reporting tools available on the Marketplace or the enabled customer service channels.

Reports must be made in good faith. Applicable requirements, evidence, review stages and response mechanisms will be set out in the Content and Community Guidelines or the Intellectual Property Rights/Advertising Policy, depending on the nature of the matter.

FUERA DEL MOLDE may review a report, request additional information, temporarily restrict access to Content where reasonable, notify the Users involved and take appropriate action in accordance with its policies and applicable law.

Intellectual property claims will be handled in accordance with the procedure set out in the Intellectual Property Rights/Advertising Policy.

11. Account Suspension, Restriction and Cancellation

FUERA DEL MOLDE may issue warnings, limit features, temporarily suspend or cancel an account where there are reasonable grounds related to fraud, security, breach of these Terms or applicable policies, infringement of third-party rights, failure to meet payment obligations, requests from competent authorities, risks to other Users or misuse of the Marketplace.

Any measure adopted will seek to be proportionate to the nature and seriousness of the situation. Where reasonably possible and where there is no security risk, fraud risk, risk of destruction of evidence, harm to third parties or legal prohibition, FUERA DEL MOLDE may inform the User of the measure and its general basis.

Suspension or cancellation of an account does not extinguish rights or obligations arising beforehand, including Orders, returns, claims, payment obligations, tax obligations, licenses that must survive, or liabilities arising from prior breaches.

Outstanding balances or payments due to a User may not be appropriated by FUERA DEL MOLDE solely because an account is suspended or canceled. They may be withheld, offset, adjusted or deducted only where there is an applicable contractual or legal basis, such as returns, chargebacks, fraud, verified infringements, outstanding obligations or measures ordered by a competent authority, and must be settled in accordance with the applicable terms.

12. Technological Availability of the Marketplace

FUERA DEL MOLDE endeavors to keep the Marketplace and its services available, secure and functional, but operation may be affected by maintenance, updates, infrastructure failures, internet interruptions, cybersecurity incidents, actions by technology providers, force majeure events or other circumstances.

FUERA DEL MOLDE may perform maintenance, technical changes or temporary suspensions when necessary for the security, stability, updating or improvement of the platform.

The User acknowledges that no digital service can guarantee uninterrupted availability or complete absence of errors. This does not limit FUERA DEL MOLDE’s legal obligations to Users or any rights granted to consumers by law.

Where reasonably possible, FUERA DEL MOLDE will take measures to restore affected features and mitigate impacts resulting from incidents within its control.

13. Liability and Applicable Limitations

Each Marketplace participant will be responsible for the obligations applicable to them based on the role they perform in a transaction, these Terms and Conditions and applicable law.

FUERA DEL MOLDE does not intend to exclude or limit any liability legally attributable to it as seller, supplier, producer, Marketplace operator, service provider or party responsible for a particular activity. No provision of these Terms may be interpreted as a waiver of consumers’ non-waivable rights or as transferring to the User a liability that the law assigns to FUERA DEL MOLDE or another supplier.

When a transaction is carried out by an independent Seller, that Seller will be responsible for its legal and contractual obligations regarding its Products, information, performance, warranties and other aspects of the consumer relationship, without prejudice to FUERA DEL MOLDE’s own obligations for the services it actually provides or the degree of its involvement in the transaction.

To the fullest extent permitted by law, and only with respect to matters for which contractual limitation is valid, FUERA DEL MOLDE will not be liable for indirect or consequential damages arising exclusively from acts attributable to the User, independent third parties or events beyond its reasonable control. This limitation will not apply in cases of willful misconduct, gross negligence, breach of a non-waivable legal obligation, or any other circumstance in which the law prohibits limiting liability.

14. Force Majeure, Severability and No Waiver

Neither party will be liable for failure to perform obligations where performance is prevented by an event of force majeure or fortuitous event recognized by law, without prejudice to obligations that by their nature must continue and any applicable duties of information, mitigation or restitution.

If any provision of these Terms and Conditions is declared invalid, ineffective or unenforceable by a competent authority, that determination will affect only the relevant provision to the extent necessary, and the remaining provisions will remain in force provided they can operate independently.

Failure or delay by FUERA DEL MOLDE or a User in exercising a right will not constitute a waiver of that right or prevent its later exercise.

II. SPECIFIC TERMS FOR BUYERS

1. Scope and Identification of the Seller

This section governs purchases of Products and Services made by Buyers through the Marketplace, without prejudice to the provisions of Section I and the rights recognized under Colombian consumer protection law.

Before completing a purchase, the Marketplace must allow the Buyer to identify who is acting as the Seller of the Product or Service and, where relevant, who participates as Manufacturer or Producer, Printer or another party with relevant responsibility in the transaction. FUERA DEL MOLDE’s involvement will correspond to the model disclosed in the listing, the purchase process and these Terms and Conditions.

When FUERA DEL MOLDE is the Seller, Grupo Tecnológico CATO S.A.S. will assume the obligations legally attributable to it toward the Buyer. When the Seller is an independent third party, that Seller will assume the obligations applicable to the offering and sale of its Products, without prejudice to FUERA DEL MOLDE’s own responsibilities for the services it actually provides or the degree of its involvement in the transaction.

2. Product Information and Customization

Each Product listing must provide truthful, sufficient, clear and up-to-date information about its relevant characteristics, according to its nature, including, where applicable, materials, measurements, sizes, colors, printing or customization techniques, care instructions, restrictions on use, availability, Seller identity, price and any other information necessary to make an informed purchasing decision.

Images, simulations, previews or mockups are intended to provide an approximate representation of the Product’s result. Reasonable differences may arise from screen settings, materials, printing techniques, design placement or production processes, provided that such differences do not amount to a failure to meet the characteristics offered, a loss of quality or fitness for purpose, or delivery of a Product different from the one ordered.

When the Buyer uses customization tools, the Buyer is responsible for reviewing, before confirming the Order, the text, names, images, sizes, colors, placements, quantities and other specifications selected or provided. This review obligation does not limit the liability of the Seller, Producer or FUERA DEL MOLDE for manufacturing defects, production errors, failure to comply with confirmed specifications or any other applicable legal obligation.

3. Price, Taxes, Charges and Payment Methods

Before the transaction is completed, the Marketplace will present the Buyer with an Order summary describing the Products or Services, their individual prices, applicable discounts, taxes, shipping costs and any other charges payable, as well as the total purchase amount.

Prices will be displayed in Colombian pesos (COP), unless the Marketplace expressly enables another currency. The price applicable to an Order will be the price disclosed to and accepted by the Buyer when completing the purchase, without prejudice to the correction of manifest errors before acceptance of the Order and any rights available to the consumer.

Payments may be made using the methods enabled during the purchase process. FUERA DEL MOLDE may integrate third-party payment providers or processors, and certain services may therefore also be subject to the security controls and operating terms of the relevant payment provider. Use of a third party to process payment does not modify consumer rights or the obligations of the Seller or FUERA DEL MOLDE.

4. Order Formation, Confirmation and Cancellation

Before confirming the purchase, the Buyer will have an opportunity to review the Order summary and correct errors in the information entered using the mechanisms available on the Marketplace.

Receipt of a purchase request does not necessarily constitute final acceptance. FUERA DEL MOLDE or the Seller, as applicable, may verify availability, payment, Order information and any other conditions necessary for processing. Once the Order is accepted, the Buyer will receive an electronic confirmation containing the essential transaction information.

The Buyer may request cancellation of an Order in accordance with the terms and procedure described in the “Cancellation Request” section of the FUERA DEL MOLDE Help Center. The possibility of cancellation will depend on the status of the Order, the nature of the Product and, where applicable, whether manufacturing, printing or customization has begun. Commercial cancellation terms do not limit the consumer’s legal rights, including the right of withdrawal where applicable, the statutory warranty, payment reversal, termination for failure to deliver and any other rights recognized by applicable law.

FUERA DEL MOLDE or the Seller may cancel an Order when performance is impossible, the Product is unavailable, payment is rejected or cannot be processed, there are reasonable indications of fraud, there are obvious errors in the offer, legal restrictions apply, third-party rights are infringed, or another objective cause prevents the transaction from being carried out. If an Order has been paid and is canceled for a reason not attributable to the Buyer, the amounts paid will be refunded in accordance with applicable law.

5. Delivery of Products

Before the purchase is completed, the Buyer will be informed of the delivery period applicable to the Order. The Seller must deliver within the period accepted by the Buyer. If no specific delivery period has been disclosed, the maximum period established by applicable law will apply, currently thirty (30) calendar days counted from the day following communication of the Order.

Shipping methods, coverage, costs, tracking, management of delivery issues, updating delivery information and other operating terms will be set out in the “Delivery and Shipping” section of the Help Center. The Buyer must provide complete and accurate delivery information, without prejudice to the responsibilities of the Seller, carrier or FUERA DEL MOLDE.

If the Product is unavailable or the Order exceeds the accepted delivery period or the applicable statutory maximum, the Buyer will be informed and may exercise the right to terminate, obtain a refund of amounts paid, or seek any other remedies available under applicable law. The operational handling of these situations will be described in the “Delivery and Shipping” section.

Delivery of the Product to the carrier does not, by itself, transfer the risk of loss or non-performance to the consumer where the law requires the Seller or supplier to complete actual delivery. Responsibilities will be determined according to the transaction model and applicable law.

6. Right of Withdrawal

Where a purchase falls within the circumstances in which Colombian law recognizes a right of withdrawal, the Buyer may exercise that right within five (5) business days from delivery of the goods or, in the case of services, from execution of the contract, as applicable.

The procedure for exercising the right of withdrawal, the available channels, return of the Product and the corresponding operating terms will be set out in the “Exchanges and Returns” section of the Help Center. In all cases, the requirements and effects established by law will be observed, including any costs legally borne by the consumer.

The right of withdrawal will not apply in cases excluded by law. In particular, it may not apply to goods made according to the consumer’s specifications or clearly customized. The exception will be applied based on the specific characteristics of the Product and the customization actually requested, and will not affect rights arising from defects, failure to comply with specifications, lack of fitness for purpose or the statutory warranty.

Where the right of withdrawal applies and the Buyer has fulfilled the legally required obligations to exercise it, the refund will be made within the maximum period established by applicable law, currently fifteen (15) calendar days. The available options and operational steps for the refund will be explained in the “Exchanges and Returns” section, respecting the applicable payment instrument or method, or any method the consumer may legally choose or agree upon, as applicable.

7. Commercial Exchanges and Returns

In addition to rights provided by law, FUERA DEL MOLDE or a Seller may offer more favorable commercial exchange or return terms for certain Products. The applicable terms, time limits, exclusions and procedure will be disclosed in the “Exchanges and Returns” section and, where applicable, in the Product listing, without reducing the Buyer’s legal rights.

Exchanges requested for reasons of size, color, preference or other circumstances that do not constitute a defect or non-performance will be governed by the commercial terms published for the relevant Product or Seller. Customized Products may be subject to additional commercial restrictions disclosed in advance, without affecting rights arising from defects, non-performance or the statutory warranty.

8. Statutory Warranty; Defective or Incorrect Products

Products are subject to the statutory warranty and any additional warranties offered, in accordance with applicable law. The Producer and Seller will be responsible for the Product’s quality, fitness for purpose, safety, condition and operation to the extent legally applicable.

If the Buyer receives a defective, damaged or incomplete Product, a Product different from the one ordered, or a Product that does not comply with confirmed specifications, the Buyer may submit a claim through the available channels. The handling procedure, information reasonably necessary to identify the case and operating terms will be set out in the “Exchanges and Returns” section and, where applicable, in “Product Safety”, without imposing requirements that unjustifiably restrict the exercise of warranty rights.

Where a Product must be transported or returned to enforce the statutory warranty, expenses and costs legally attributable to the Producer or Seller will not be charged to the Buyer.

Repair, replacement, exchange of the Product or refund will be handled according to the nature of the goods, the defect involved, the possibility of repair and other applicable warranty rules. When a Product is replaced under the warranty, the replacement Product will be subject to the warranty period applicable under the law.

The warranty does not cover damage resulting exclusively from misuse by the consumer, failure to follow use or care instructions, unauthorized intervention or other legally valid grounds for exemption, provided there is a causal relationship between such conduct and the damage claimed.

9. Payment Reversal

When a purchase is made through electronic commerce using a credit card, debit card or other electronic payment instrument, the Buyer may request payment reversal in the cases and under the procedure established by Colombian law.

Payment reversal may apply, among other legally established circumstances, when the consumer is a victim of fraud, the transaction was not requested, the Product is not received, the Product delivered does not correspond to the one ordered, or the Product is defective.

To exercise this right, the Buyer must comply with the time limits and actions prescribed by law, including, where applicable, submitting the claim to the supplier, returning the Product and notifying the issuer of the payment instrument. Current law establishes a period of five (5) business days counted from the legally specified event. Available channels and operational guidance will be provided in the Help Center and through FUERA DEL MOLDE’s customer service mechanisms.

10. Refunds

Where a refund is due because of withdrawal, termination for failure to deliver, warranty, an accepted cancellation, payment reversal or another legal or contractual ground, the refund will be processed according to the applicable legal basis and within the time limits established by applicable law.

Where the law gives the consumer the right to choose how to receive a monetary refund, FUERA DEL MOLDE or the Seller must respect that choice among the legally available options. Store credits, account balances or coupons will not be imposed as the sole form of refund where the consumer is legally entitled to receive money.

11. Responsibility According to the Sales Model

The Seller’s identity must be available to the Buyer before the purchase is completed. To make the transaction easier to understand, the listing may separately display, where applicable, information such as “Sold by”, “Manufactured by” and “Printed or customized by”.

When the Product is sold by FUERA DEL MOLDE, Grupo Tecnológico CATO S.A.S. will be the Seller to the Buyer, even if one or more third parties participate in manufacturing, supply, printing, customization, storage, transportation or other processes.

When the Product is sold directly by an independent Seller, that Seller will be responsible for its obligations as Seller and for the information, quality, fitness for purpose, warranty and performance legally attributable to it. FUERA DEL MOLDE will be responsible for its own obligations as Marketplace operator and for the activities it actually assumes within the transaction. The participation of an independent Seller may not be used to exclude consumers’ non-waivable rights or liabilities legally attributable to FUERA DEL MOLDE.

A Seller that publishes Content, designs, trademarks or other elements incorporated into a Product is responsible for having the rights and authorizations necessary for their use, without prejudice to any measures FUERA DEL MOLDE may adopt under its Intellectual Property Rights/Advertising Policy. Intellectual property disputes will not limit the Buyer’s rights with respect to the Product purchased.

12. Handling Requests, Complaints and Claims

The Buyer may submit requests, petitions, complaints or claims through the customer service channels made available by FUERA DEL MOLDE within the same e-commerce environment, through the “Contact Us” section of the Help Center and through any other channels disclosed to the User.

FUERA DEL MOLDE will implement mechanisms that provide a record of submitted claims and, where legally required, generate a registration or filing number with date and time and enable subsequent tracking.

Claims related to a purchase may be forwarded or communicated to the Seller, Producer, Printer, carrier, payment provider or another participant when necessary for handling the matter, without imposing on the Buyer burdens or responsibilities that are not legally attributable to the Buyer.

III. SPECIFIC TERMS FOR SELLERS AND ASSOCIATES

1. Scope and Application

This section applies to Users who use FUERA DEL MOLDE to offer, commercialize, manufacture, print, customize, license or supply Products, Content or services capable of generating income within the Marketplace, including Sellers, Artists, Manufacturers or Producers, Printers and other Associates, according to the role they perform in each transaction.

The obligations in this section are supplemented by the General Terms, applicable policies and specific commercial agreements entered into with FUERA DEL MOLDE. When a User performs several roles in the same transaction, the User must comply with the obligations applicable to each role.

Use of the Marketplace does not guarantee sales, Orders, income, minimum levels of exposure or continued placement in any particular commercial category.

2. Registration, Identification and Verification

The Seller or Associate must maintain truthful, complete and up-to-date identification, contact, tax, banking and commercial information. FUERA DEL MOLDE may request documents reasonably necessary to verify identity, legal existence, representation, capacity, ownership of payment accounts, tax obligations, the origin of Products or any other information necessary to operate the Marketplace, prevent fraud or comply with legal obligations.

When a third party acts as Seller to the Buyer, it must provide and keep updated, at a minimum, the information necessary for proper identification and contact, including name or company name, identification document or NIT where applicable, physical address for notices, telephone number and any other information required by applicable law. FUERA DEL MOLDE may retain this information and make it available to a Buyer who completed a transaction, or to a competent authority, where legally required.

Failure to provide information necessary to verify the User may result in temporary restrictions on listings, receipt of Orders, withdrawal of funds or other features directly related to the pending verification.

3. Listing and Offering Products or Services

The Seller is responsible for ensuring that information published about its Products or Services is truthful, sufficient, clear, up to date and consistent with what it can actually supply. The Seller must disclose relevant characteristics, the price or applicable price components, availability, restrictions, preparation times, manufacturing, customization or printing conditions, and any other information necessary for the Buyer to make an informed decision.

The Seller must keep availability and any information that may affect fulfillment of Orders up to date. Technical processes for listing, editing, inventory, preparation times and other operating procedures will be set out in the relevant sections of the Help Center or in the tools enabled for the applicable role.

Products, Services or Content prohibited by law, these Terms, the Content and Community Guidelines in force at the time, or any other applicable FUERA DEL MOLDE policies may not be offered.

4. Order Management and Fulfillment

When an Order is assigned to an independent Seller, the Seller must fulfill it within the time periods, specifications and conditions disclosed to the Buyer and coordinated through the Marketplace.

FUERA DEL MOLDE may facilitate or coordinate activities related to Order processing, payment collection, manufacturing, printing, customization, storage, customer service, logistics or delivery, according to the applicable model. FUERA DEL MOLDE’s participation in these activities does not eliminate the obligations applicable to the Seller, Producer, Printer or any other participant.

The Seller must comply with the confirmed specifications of the Order and promptly communicate any issue that may affect fulfillment. Technical procedures for production, printing, customization, preparation or dispatch will be set out in the relevant sections of the Help Center or in agreements applicable to each role. Essential characteristics of the Order may not be modified without the required authorization.

When a return, warranty claim, withdrawal, payment reversal, cancellation or other claim requires the Seller’s involvement, the Seller must cooperate diligently and provide the information, documents or actions necessary to resolve the matter within the applicable time limits.

5. Prices, Base Amounts and Seller Earnings

Depending on the transaction model, the final price presented to the Buyer may consist of one or more components, including the Product price, manufacturing, printing or customization, royalties or compensation for Content, FUERA DEL MOLDE service fees, logistics costs, taxes and other previously disclosed amounts.

FUERA DEL MOLDE may establish base amounts, service fees, percentages, commissions, royalties or margins applicable to different participation models. The specific amounts will be those disclosed to the Seller in the Marketplace, in the Seller’s account dashboard, in the current commercial table or in the specific agreement accepted by the Seller.

Where the Seller is permitted to set a margin or price within an authorized range, the Seller is responsible for configuring it within the enabled limits. Subsequent changes to base amounts, production costs, fees or commercial terms will not retroactively affect an Order already confirmed, except for adjustments required by law or corrections accepted by the parties.

For purposes of this section, “Seller Balance” means the amount due to the Seller after applying to the relevant revenue any compensation, fees, commissions, taxes, withholdings, returns, payment reversals, chargebacks, adjustments and other amounts applicable to the transaction.

6. Discounts, Campaigns and Promotions

FUERA DEL MOLDE may conduct promotional campaigns, coupons, volume discounts, seasonal discounts or other commercial strategies applicable to Marketplace Products or Services.

When a promotion directly reduces the compensation, margin, royalty or base price due to a Seller or Associate, the reduction must fall within a range previously accepted by that party or be specifically accepted. When FUERA DEL MOLDE funds the discount from its own fee or promotional budget, that fact alone will not reduce the amount agreed in favor of the Seller.

The specific terms of each campaign may establish eligibility rules, duration, stacking of discounts, participating products and usage limits. Confirmed Orders will retain the financial terms accepted at the time of purchase.

7. Collection, Settlement and Payment of Balances

When required by the transaction model, the Seller authorizes FUERA DEL MOLDE to collect from the Buyer the amounts corresponding to the transaction and to settle and distribute the amounts due to each participant.

FUERA DEL MOLDE may use payment service providers, financial institutions or other third parties to process collections, transfers or disbursements. The Seller must register and keep updated a valid payment method owned by the Seller or for which the Seller is duly authorized.

The Seller Balance will be settled according to the payment period and schedule disclosed in the Marketplace or the applicable commercial agreement. Where minimum disbursement thresholds are established, they must be available for the Seller to review before they are applied. Balances below the threshold will remain accumulated for later periods unless another legal or contractual rule applies.

Delays caused exclusively by incorrect banking information, lack of verification, restrictions imposed by the payment provider or failure to satisfy requirements necessary for disbursement may temporarily suspend payment until the issue is corrected. Outstanding balances will not be forfeited or appropriated by FUERA DEL MOLDE merely because time has passed.

8. Returns, Refunds, Chargebacks and Adjustments

When an Order is canceled, returned, refunded, subject to withdrawal, warranty, payment reversal, chargeback or another valid adjustment, FUERA DEL MOLDE may deduct from the Seller’s current or future balances only the amounts contractually or legally attributable to the Seller based on the reason for the adjustment and the Seller’s participation in the transaction.

When the cause is attributable to the Seller, for example failure to comply with specifications, undisclosed lack of availability, a defect attributable to the Seller’s process, incorrect information or failure to deliver, amounts reasonably associated with resolving the matter may be charged against the Seller’s settlement, provided the transaction is supported by appropriate records and without transferring to the Seller responsibilities attributable to FUERA DEL MOLDE or another participant.

When a return or refund is not attributable to the Seller and the applicable policy or campaign provides that the cost will be borne by FUERA DEL MOLDE or another participant, the Seller Balance will not be reduced beyond what is expressly provided in the applicable terms.

9. Commercial Categories and Specific Agreements

FUERA DEL MOLDE may establish commercial categories, levels or programs for Sellers and Associates. Each category or program may be associated with performance criteria, volume, services, exposure, fees, limits, benefits or specific financial terms, according to the commercial structure then in force.

The applicable category, its requirements and its effects must be disclosed to the User through the Marketplace or the relevant commercial agreement. Material changes affecting fees, percentages, obligations or benefits must be communicated before they are applied, unless they result from a legal requirement or an urgent security measure.

Where a Negotiation and Categorization Agreement, commercial table or specific terms accepted by the Seller exist, those terms will prevail over this section only with respect to the specific matters they govern and provided they do not conflict with mandatory law.

10. Tax Obligations, Invoicing and Supporting Documentation

Each Seller or Associate is responsible for identifying, declaring and paying the taxes, fees, contributions and other tax obligations legally applicable to its activities and to income earned through the Marketplace.

FUERA DEL MOLDE will make any withholdings, collections, reports or other tax-related actions legally required based on its status and participation in the transaction. Amounts withheld or deducted must be reflected in the applicable settlement or supporting document where appropriate.

The Seller must timely provide its tax information and any necessary invoicing or supporting documents. Where applicable law requires issuance of an electronic invoice or equivalent document, each party will comply with the obligations applicable to its role in the transaction.

11. Intellectual Property and Operational License

The Seller or Artist retains ownership of the rights it holds in its Content, unless a different assignment or license has been granted through a specific agreement.

By uploading or enabling Content for commercialization, the User grants FUERA DEL MOLDE a non-exclusive, worldwide license, free of additional royalties, limited to what is necessary to host, technically reproduce, adapt to formats, display and promote the Content within the Marketplace, manufacture or arrange the manufacture of authorized Products, process Orders, provide contracted services and fulfill obligations arising from completed transactions.

This license will remain in effect while the Content is published or as necessary to fulfill Orders, handle warranties, returns and claims, satisfy accounting or legal obligations and retain reasonable technical backups. Removal of the Content will prevent new commercialization, unless an independent license or a specific program accepted by the rights holder applies.

The User represents that it holds the rights, licenses, image authorizations, trademark and design permissions, and any other permissions necessary for the use it authorizes. FUERA DEL MOLDE may suspend or remove Content when it receives a reasonable claim, detects a potential breach or must comply with an order from a competent authority, in accordance with the Intellectual Property Rights/Advertising Policy.

12. Licensing Programs and Brand Collaborations

FUERA DEL MOLDE may offer special licensing programs and collaborations with brands, rights holders or third-party licensors. Participation will be voluntary and may be subject to additional terms regarding intellectual property, design approval, territories, duration, royalties, channels, restrictions on use or removal of Content.

Before incorporating Content into one of these programs, the User must have access to the applicable specific terms and accept them where required. In the event of a conflict, the program terms will prevail only with respect to the Content and activities included in that program.

Termination or modification of a license by the rights holder may require removal or modification of the affected Content. FUERA DEL MOLDE will endeavor to inform the User where reasonably possible, without prejudice to any immediate measures that may be necessary to prevent infringement.

13. Promotional Use of Content and Listings

FUERA DEL MOLDE may use within the Marketplace images, store names, Product photographs, designs, descriptions and other materials published by the Seller to the extent necessary to display, recommend and promote active listings and the Marketplace itself.

Use of Content for external advertising campaigns, institutional materials, social media, printed materials or other promotional uses beyond the ordinary promotion of a listing will be carried out in accordance with authorizations granted by the rights holder and the Intellectual Property Rights/Advertising Policy. When the material includes the image, voice, name or other rights of third parties, the User must have the authorizations necessary for the permitted use.

Use of hashtags, mentions or tags related to FUERA DEL MOLDE does not, by itself, constitute an irrevocable or perpetual assignment of rights in the User’s Content.

14. Representations and Warranties of the Seller or Associate

The Seller or Associate represents and warrants that it has the capacity to enter into the transactions it undertakes; that the information provided to FUERA DEL MOLDE is truthful; that it holds the rights and permissions necessary for the Products, Services and Content it offers; that it will comply with the laws applicable to its activities; and that it will not use the Marketplace for fraudulent, deceptive or unlawful activities.

When acting as Producer, Manufacturer, Printer or Seller, it further represents that the Products it supplies will comply with the quality, fitness for purpose, safety, information, labeling and other requirements legally applicable to their nature.

The Seller must comply with the Intellectual Property Rights/Advertising Policy, the Content and Community Guidelines and any other published policies in force that apply to its activities. Non-compliance may result in proportionate measures affecting listings, Orders, payments or the account, in accordance with Section I.

15. Suspension, Termination and Effects on Pending Transactions

Suspension or termination of the relationship with a Seller will be governed by the rules in Section I and any applicable specific agreements. Where possible, the parties must complete already confirmed Orders and address returns, warranties, claims, payment obligations and other pending matters.

FUERA DEL MOLDE may prevent new sales or listings during a suspension, but must retain the records necessary to settle prior transactions and address Buyer rights, legal obligations or pending claims.

Termination will not extinguish obligations that by their nature must survive, including payment obligations, intellectual property obligations relating to transactions already completed, confidentiality where applicable, tax obligations, warranties and indemnification obligations arising from prior breaches.

16. Indemnification Between the Parties

The Seller or Associate must indemnify and hold FUERA DEL MOLDE harmless from third-party claims, penalties, costs or damages directly arising from a breach attributable to the Seller of its contractual or legal obligations, including intellectual property infringements, false information, commercialization of unauthorized Products, defects or failures for which the Seller is responsible, or violations of third-party rights.

The indemnification obligation is subject to a causal relationship between the Seller’s conduct and the relevant claim and will not cover matters attributable to FUERA DEL MOLDE, another participant or circumstances for which the law assigns responsibility differently.

FUERA DEL MOLDE will inform the Seller of relevant claims where reasonably possible and may allow the Seller to participate in the defense or resolution of the matter, without prejudice to urgent measures necessary to protect Buyers, the Marketplace or third-party rights.

17. Independence, Non-Exclusivity and No Guarantee of Sales

Unless a specific agreement expressly provides otherwise, the relationship between FUERA DEL MOLDE and Sellers or Associates is commercial and independent in nature. These Terms do not, by themselves, create an employment relationship, partnership, general agency, franchise, exclusive representation or business association between the parties.

The Seller may commercialize its Products or Content through other channels, and FUERA DEL MOLDE may provide services to other Users and commercialize or facilitate identical, similar or competing Products, subject to intellectual property rights and any specific agreements in force.

FUERA DEL MOLDE does not guarantee any specified number of visits, Orders, sales, income, ranking, exposure or profitability for the Seller.

IV. SUPPLEMENTAL AND FINAL PROVISIONS

1. Promotions and Special Programs

Contests, sweepstakes, campaigns, surveys, loyalty programs, activations and other promotions offered by FUERA DEL MOLDE may be subject to specific rules. Where specific terms exist, they must be made available to participants and will prevail over these Terms only with respect to the relevant promotion.

Participation in a promotion does not modify the terms of already confirmed Orders or limit consumers’ legal rights.

2. Charitable Initiatives and Collections for Third Parties

FUERA DEL MOLDE may participate in fundraising, donation or support campaigns for specified organizations or causes. When FUERA DEL MOLDE collects or administers funds intended for a charitable initiative, it will disclose the essential terms of the campaign, the intended recipient and the general manner in which the funds will be applied.

If a Seller independently announces that it will donate royalties, margins or income to a cause, the Seller is responsible for the accuracy of that statement and for fulfilling its commitment, unless FUERA DEL MOLDE has expressly undertaken administration of the collection.

3. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of the Republic of Colombia.

The parties will endeavor in good faith to resolve disputes related to use of the Marketplace through the available customer service channels. This provision does not limit consumers’ right to seek relief from competent administrative or judicial authorities or modify mandatory rules governing competence or jurisdiction.

In exclusively commercial relationships between FUERA DEL MOLDE and Sellers or Associates that do not involve consumer rights, disputes will be resolved in accordance with the applicable specific agreement and, in the absence of a valid special clause, before the competent authorities of Colombia.

4. Entire Agreement, Priority and Supplemental Documents

These Terms and Conditions, together with the policies, specific terms and specific agreements that are published, in force and incorporated or accepted where applicable, constitute the framework governing use of the Marketplace.

In the event of a conflict, a policy, specific term or specific agreement will prevail only with respect to the particular matter it governs. Guides, articles and operational content in the Help Center explain procedures and features, but will not, by themselves, modify an already confirmed transaction or a previously accepted contractual term to the detriment of the User. No provision may be interpreted in a manner that reduces non-waivable rights recognized by law.

5. Contact

Requests related to these Terms and Conditions may be submitted through the customer service channels enabled on the Marketplace, through the “Contact Us” section of the Help Center, or by email at [email protected]. The Marketplace will also maintain the customer service mechanisms required by applicable e-commerce law and a visible and identifiable link to the Superintendence of Industry and Commerce (SIC), where legally required.