Policy for designers I Everything you need to know as a designer at Faberin
This document is part of the set of documents that make up the FABERIN Portal Policies. By registering as a user, and therefore as a member of the FABERIN community, you accept these terms and conditions and agree to be bound by them. These policies may be updated at any time and made available to you through this platform without further communication. In any case, in our Legal Notice you have all the identification data to send us any doubt or any problem that you may have as a member of our community.
NATURE OF FABERIN PORTAL SERVICES
FABERIN is a platform that aims to bring together a community of design enthusiasts. FABERIN connects the talent of product designers from around the world with the skills of local craftsmen and manufacturers. Offering the end user an exclusive catalogue of unique pieces, handmade on demand by the manufacturer. In this way, FABERIN makes it possible for you to contact the best designers and manufacturers or "makers" to purchase their designs or creations.
This document informs you of the obligations and conditions you must meet to become a designer in the FABERIN community.
As a user of the portal, the designer will have the following obligations:
- Accept and respect the Policies of the website as well as the rights of other Portal users.
- Recognize that as a designer you are the original creator and author of all the works you contribute to the platform and guarantee their originality and exclusivity.
- Responder against possible actions that by counterfeiting or plagiarism can be brought against your designs.
- Authorize the use of own designs exclusively for their offer and commercialization through the platform and for their elaboration or manufacture by the maker.
- Complete the document on proof of creation and first disclosure of the design that you must send to FABERIN indicating the following sections:
- Work:[design title or reference]
- Designer:[Name or company name indicating NIF]
- Design creation date:
- Design creation date:[Creation date]
- Mention: "This design has been expressly created to be offered and marketed for the first time, through FABERIN, as of the date[indicate here the date on which it is uploaded to the platform].
- Provide all the data and information required to register as a user as well as those required by FABERIN, in relation to any aspect of the platform. As well as, in the event that they are requested as a result of a complaint from another user within the framework of the procedure provided below.
- To act within the framework of the FABERIN Platform in accordance with the rules of conduct adopted by the Platform and, in any case, with respect to the legislation in force, being aware that otherwise, the corresponding actions may be initiated through civil, criminal or administrative means.
- To respect the intellectual and/or industrial property rights of the users of the platform, and in particular of other designers and makers, being applicable the measures for claim in case of infringement of such rights provided for in the legislation on intellectual property, industrial property, Civil Code, and if applicable, Penal Code. .
- To respect the regulations on the protection of personal data and commercial communications (Art. 20 and 21 of Law 34, 2002, on Information Society Services), as well as other applicable regulations.
- Respect the commitment of exclusivity of the designs uploaded to the Platform for a minimum period of 6 months as established in the Agreement of incorporation as Designer to the Faberin.com platform.
COMMUNICATIONS AND RELATIONS WITH MEMBERS OF THE COMMUNITY
A. Communications and relations with FABERINFABERIN FABERIN makes available to members of its community, and in particular to makers, a series of means through which users can contact it. These means are indicated on the website "Legal Notice" and on the website "Contact" of the Portal.
B. Communications and relationships between community members.The designers will be able to contact and communicate with other members through the communication channels that the platform may provide for this purpose. In their relationships with community members, designers are committed to:
- Do not send advertising communications, promotions, contact requests or unsolicited messages previously or without the recipient's consent.
- Do not send communications that could be described as bad taste, offensive or that involve abuse or injury to the rights of other users under current legislation.
- Do not interfere in operations carried out between other members of the platform, and in particular:
- Do not try to persuade other members not to purchase goods from another user.
- Make manifestations or reviews that do not fit the reality with the intention of harming another member of the community.
- Publish with disqualifications of other users in social networks or other types of information society services.
- Respect the intellectual and/or industrial property rights of the users of the platform, and especially of the designers and makers, and the measures for claims in case of infringement of these rights provided for in the legislation on intellectual property, industrial property, Civil Code and, where applicable, Criminal Code, shall apply.
- To analyze any complaint or grievance through the procedure expressly established by FABERIN for this purpose, which is included in the section on "Dispute Resolution" and, if applicable, through the competent administrative or judicial authorities.
FABERIN will do its best to resolve any discrepancies or disputes that may arise on the platform between members of its community. To this end, a specific procedure has been established, which is described below:
REQUEST: First of all, the user of the portal who understands that there has been a damage or injury to his rights or interests should send a communication to the e-mail address: email@example.com. The application for initiation must state:
- Your own identification data as a platform user.
- Data identifying the alleged perpetrator of the harm or harmful conduct.
- Facts that you believe have caused you harm or damage to your rights or interests.
- If applicable, documentary evidence or evidence of any kind valid in law to prove the reality of its manifestations.
FIRST CONTACT - INTERMEDIATION: FABERIN, once it receives the request and the attached documentation, will proceed to contact the user who is alleged to have caused the harmful conduct in order to try to resolve the dispute, and if not, will ask him/her to do so within 3 days:
- Make the allegations you consider appropriate in relation to the initial request that is transferred to you.
- Provide the supporting documentation of your allegations in order to distort the reality of the facts that are claimed.
- Contact the other user and ask for his or her presentation.
- ANALYSIS: FABERIN will study the request and attached documentation, and the allegations made by the user complained of during a period of 10 days in order to reach a proposal for a solution.
- RESOLUTION: FABERIN will inform both parties by e-mail of the decision it has taken during the procedure. In this resolution it may agree on the measures it deems necessary and proportionate, which may include blocking the user's profile or, ultimately, deleting it.
- However, under no circumstances will FABERIN be held responsible or liable in any way for the acts or conduct of third party members of the platform, in this sense this dispute resolution procedure is established for the sole purpose of facilitating the rapid resolution of disputes between third party users on an amicable basis.
- In the event that the affected user wishes to claim any pecuniary or any other type of reparation, he or she shall be entitled to appeal to the competent Courts of Justice.
Important: Finally, we would like to reiterate that FABERIN is a portal that acts as an intermediary between users and professionals (designers and/or makers) and that therefore FABERIN is not responsible for aspects related to the operations that users carry out with or between these professionals. To this end, in the personal section of each of the designers and makers you can consult the information regarding their conditions for the acquisition of goods or services, the conditions and delivery times, payment methods, guarantees, responsibilities and other rights that correspond to you in accordance with current legislation.