Policy for local manufacturers
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 local designers and manufacturers or "makers" to purchase their designs or creations.
Through this document we inform you about how the procedure for buying goods or ordering services through our portal works and what your obligations and commitments are when registering as maker on our platform.
As a user of the portal, the maker will have the following obligations:
- Accept and respect the Policies of the website as well as the rights of other Portal users.
- To establish in your personal section within the FABERIN platform all the legal conditions necessary for the sale of articles, with special mention of the provisions of the articles 27 "pre-recruitment obligations" and 28 "post-recruitment information" of Law 34/2002, of 11 July, on information society and e-commerce services and concordants of the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). In particular, and in a non-exhaustive way, among other aspects that are applicable according to the aforementioned legislation, it must be established in a clear and comprehensible way for the potential buyer:
Price of products (including indirect and other taxes) taking into account that you must calculate the selling price taking into account the price of materials, hours of labour, the FABERIN management percentage, the royalty to be paid to the designer, transport and other miscellaneous expenses.
- Payment methods.
- Delivery times and delivery methods with estimated delivery time.
- Guarantee of the products in application of the regulations in force in Spain .
- Guarantee the right of withdrawal if it is in accordance with consumer rights legislation (art. 68 ff. of the Consumer and User Protection Act).
- Invoice customers in accordance with applicable legislation.
- Shipping & Returns Policy.
- 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 provide all the data and information necessary for your registration as a user as well as those required by FABERIN in relation to any aspect related to the Platform or 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 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.
- Subscribe the mandatory contract of incorporation to the Portal as well as, if applicable, the contract of data processor with FABERIN, in the case of the maker, access to personal data in the capacity of data processor, being responsible for the same FABERIN, for which the latter is responsible.
- 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.
By registering as a user with the maker profile on our platform you expressly accept:
- All articles created, and if applicable commercialized by you using the Platform are manufactured by you or by people linked to you.
- That all the photographs, drawings or advertisements that appear on your personal page correspond to reality and are your property or that you have the express authorization of the legitimate owners of the rights of the same and in no case belong to other users of the platform or third parties.
- That you will use only and exclusively the designs according to the express authorization of the designer; which means that you are only authorized to carry out the manufacture of the design, in the cases in which it has been chosen by the user, following the technical specifications imposed by the designer.
- Which will not modify and/or transform the design without express authorization from the designer.
- Which will not disclose technical design information to third parties once you have access to it.
- Which recognizes that the intellectual property rights of the designs belong to the designer and undertakes not to infringe and respect them.
- Which may not be registered as industrial property rights of other people's designs, which may lead to the initiation of legal actions before the Courts of Justice by the owner of the design rights.
- In return for the positioning services on the platform, and for the possibility that this positioning will give you to sell your products to the members of the FABERIN community, you must pay FABERIN the amount contractually determined for these items.
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 protected]. 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.