Policy for portal users (buyers)
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.
We hereby inform you about how the procedure for purchasing goods or ordering services through our portal works.
As a user of the portal, the buyer will have the following obligations:
- Adding the price of goods or services purchased from other users of the platform (designers or makers).
- Accept and respect the Policies of the website as well as the rights of other Portal users.
- To provide all the data and information necessary for your registration as a user as well as those required for the processing of any order by the professionals (designers or makers) who are part of the platform or if they are required as a result of a complaint from another user in 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.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 for the legislation in force, being aware that otherwise, the corresponding civil, criminal or administrative actions may be taken.
- To respect the intellectual and/or industrial property rights of the users of the platform, and especially of the designers and makers, being applicable the measures for claim in case of injury of said rights foreseen in the legislation on intellectual property, industrial property, Civil Code, and in its case, Penal Code. In particular, the user shall refrain from reproducing, plagiarizing, distributing, publicly communicating or economically exploiting a design owned by another designer of the platform, and in the event of violation is aware that such conduct may be criminalized and subject to the consequences provided for in the Spanish Penal Code and international regulations to that effect.
FABERIN shall in no case be part of the operations of buying and selling goods or services that the members of the community may freely and voluntarily carry out among themselves. FABERIN only puts in contact in its portal different user profiles that can be from amateur furniture buyers to designers or makers. This is why, as a potential buyer, you understand that:
- FABERIN does not sell products and therefore, the purchase of them is done by you (as a buyer) directly with the designer or maker of your choice.
- FABERIN does not establish the terms of sale, price, form of payment, responsibilities, conditions and delivery terms, guarantees or other, which are applicable according to the legislation in force, and the actual seller, i.e. the maker or otherwise the designer, is liable.
LIABILITY, WARRANTIES AND LEGAL OBLIGATIONS
FABERIN does not select or give priority to any user who is a maker or designer, nor does FABERIN have any relationship of dependence with FABERIN, and therefore FABERIN cannot guarantee or be held responsible for the suitability of the products or services that they choose to offer, nor for guaranteeing the obligations that by law correspond to the person providing the services (designer) or selling a good (maker), who alone is responsible. In the case of sales transactions between members of the FABERIN community, the applicable Spanish laws and regulations and those of European Union law shall apply, although compliance with these regulations in relation to the sales of goods and/or services must be complied with by the member of the community selling the goods or providing the service.
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 Portal Contents:
The contents of the Portal are subject to the relevant provisions of the Conditions of Use of the Portal available here
- Third-party Portal user content: The contents of third party users such as Designers or Makers will be subject to the provisions of the legislation on intellectual property and industrial property, and in particular to the specific licensing or exploitation regime established by each of these types of users of the Platform. For this reason, before using any content of a designer or maker you must ensure that you can do so without infringing the intellectual and industrial property rights of these, since otherwise, you could proceed on your part to file civil and / or criminal actions as appropriate.
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: firstname.lastname@example.org. 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.
FABERIN through its legal notice and the "contact" section of its web portal provides users with different ways to contact the Platform. In this way we invite you to let us know about any problem or incident you may have detected during your use of the Portal.
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.