1. Purpose of the Agreement
The user that opens a store will be named as the Personal Store Holder. The Personal Store Holder is selling compositions (T-shirt designs or other items), through his or her own designs or text-based compositions in particular, taking into account the contractual conditions detailed in the following section 1.1.1:
1.1.1 Contractual terms of sale through the Tostadora online platform and commercial partners who maintain margins and prices:
a) Remuneration: The Personal Store Owner receives in exchange for each sale in payment of their copyright: - the net value of the net margin defined by the same in case of the following products: clothing, bags, and
- 10% of the sale price (excluding VAT) in case of decoration products.
b)Tostadora reserves the right to reproduce and make available to the public the designs of the Owner of a Personal Store in any domain of Tostadora and its commercial partners.
c) The design uploaded to the platform can be used by Tostadora for the creation of articles by different means including the customizer, among others.
d) Liquidation: The resulting amount in favor of the Owner of a Personal Store will be settled within the deadlines set forth in section 4 of these Conditions.
e)Sometimes the net sale price will be reduced by the application of discounts and / or promotions.
f) Modification of the remuneration conditions related to sales: Notwithstanding the provisions of paragraph a) above, Tostadora reserves the right to unilaterally modify the base price. For this purpose, Tostadora will communicate to the Owner of a Personal Store, through email, the modification of the percentage remuneration at least 20 days before the effective date of the entry into force of the new remuneration percentage.
In the event that the Personal Store Owner is not satisfied with the new remuneration fees, he must notify Tostadora by e-mail through the contact form , thereby causing the automatic loss of the status of "Owner of a Personal Store"and refrain to use the services of Tostadora.
In case of not receiving any communication within the indicated 20 days, Tostadora will understand that there is compliance with the new percentage of compensation.
1.1.2. Pre-existing Personal Store Holders. Communication of the change of the Conditions of Use / Contractual.
Every Personal Store Owner registered in Tostadora.com prior to the modification of these Conditions will receive an email to the address linked to your account, whereby you will be informed of the modification of these Conditions and the date of their entry into force. In the event that the Personal Store Owner is not satisfied with the new Conditions, he must notify Tostadora by e-mail through the contact form , thereby causing the automatic loss of the status of "Owner of a Personal Store". use the services of Tostadora.us. The Owner of a Personal Store must notify Tostadora of this disagreement within 20 calendar days of receiving the communication email of the new Conditions. In case of not receiving any communication within the indicated 20 days, Tostadora will understand that there is compliance with the new Contractual Conditions.
1.2 Sales by the Alternative Distribution Channel.
Tostadora through its platform or commercial partners, has direct and indirect distribution channels for the sale of the products of the platform (hereinafter "the Alternative Distribution Channel"). The Owner of a Personal Store, from the moment he acquires said condition, is automatically linked to the Alternative Distribution Channels, accepting, in particular, the contractual conditions detailed in the following point 1.2.1, unless expressly stated. otherwise in the manner established in section 1.2.2 of this section.
1.2.1 Contractual Conditions Regarding Sale Through the Alternative Distribution Channel
Retribution: For the transfer of your copyright to Tostadora, a margin of 10% is defined at the net sale price to which the corresponding withholdings and deductions will be applied.
Sometimes the net sale price will be reduced by the application of discounts and / or promotions.
Payment: The resulting amount in favor of the Owner of a Personal Store will be settled within the deadlines set forth in the section 4 of these Conditions.
Modification of the remuneration conditions related to sales in the Alternative Distribution Channels:
Tostadora reserves the right to modify the model and amount of compensation in favor of the Owner of a Personal Store. For this purpose, Tostadora will notify the Owner of a Personal Store, via email, of the modification of the remuneration percentage at least 20 calendar days before the effective date of the entry into force of the new model and / or amount of compensation.
The sale price may vary according to the sales channel, product, customer and commercial policies. Therefore, the effective amount received may be modified by a change in the gross price.
The disagreement on the part of the Owner of a Personal Store regarding the change in the remuneration will lead to the immediate termination of the sale of Compositions through the Alternative Distribution Channel. The Owner of a Personal Store must notify Tostadora of this disagreement within 20 calendar days after receiving the communication email of the retributive change. In case of not receiving any communication within the indicated 20 days, Tostadora will consider that there is compliance and will continue with the sales through the Alternative Distribution Channels, applying the new percentage of compensation.
No withdrawal of the product from the market: Tostadora will not carry out the recall of the Compositions that have been previously sold in the other alternative distribution channels, except when there is a conflict of copyright or infringement of intellectual property rights and / or registered in favor of third parties.
1.2.2 Exclusion of Alternative Distribution Channels:
a) The Owner of a Personal Store may exclude the sale of its Compositions through the Alternative Channels. To record their exclusion, the Owner of a Personal Store must send an email through the contact form , at the initial moment of registering on the web platform, indicating the exclusion of this sales channel.
2. Intellectual Property Rights and Prohibited Material
The Personal Store Holder is the copyright owner of content he or she uploads and composes in Tostadora.us, not of the different designs from the Tostadora Designs Library. You hereby grant Tostadora a license and right to nonexclusive, global and freedom of use of said content, media and formats that Tostadora sees fit to provide through its creation service, production and delivery of items including,when approppiate Alternative distribution channels. Tostadora may assign this license to another party if necessary for that creation, production and delivery of items.
The granting of rights of use for Tostadora is non-exclusive and indefinite until there is a termination of the agreement by either of the parties in accordance with point 6.
2.2 Third Party Rights
The Personal Store Holder certifies that all the designs and compositions uploaded to their store are designed by him or her in accordance with the Tostadora Terms of Service and is the owner of trademarks, copyrights and intellectual property rights if it were the case.
Ensures no known rights of third parties that enter into conflict with the previous paragraph, and are therefore free of registered trademarks, patents, licenses or protection rights by third parties.
The Personal Store Holder is obliged to immediately inform Tostadora in writing if he or she is notified of a violation of third party rights with regards to content offered through their Personal Store. In such case, Tostadora reserves the right to withdraw part or all of the conflicting contents.
2.3 Prohibited Material
All material uploaded to a Personal Store must conform to a number of limitations and consider any material with any of the following properties to be UNACCEPTABLE:
- Text or images that infringe upon intellectual property rights including trademarks, intellectual property, copyright, privacy… etc.
- Text or images of logos of companies or products (e.g.: the "Nike" logo or "Ferrari" items).
- UNOFFICIAL Merchandising of musicians, bands, fan clubs, sports teams or other organisations.
- Pornographic or obscene text, images or nudity that is not naturally artistic, and inappropriate use of images of minors.
- Text or images that promote drug use.
- Text or images that glorify violence.
- Text or images that glorify terrorism, Nazism or fascism.
- Text or images with defamatory content.
- Content that may be considered offensive, threatening, harassing or harmful.
- Text or images with messages of hate.
- Text or images that may be seen as insulting or discriminatory based on gender, race, ethnicity, religion, sexual orientation or disability.
- Text or images that glorify or encourage unlawfulness or criminal activity.
Any item or image that is considered by Tostadora to be unacceptable based on the criteria in this list, will be removed without notice. Tostadora reserves the right to take more drastic measures with the user in the case of repeated incidents, such as the permanent cancellation of your account and prohibition of the use of their services.
3. Marketing and Advertising of the Personal Store
3.1 Personal Store Name
The Personal Shops created by the user must have a distinctive and explicit name that excludes generic concepts, e.g. t-shirt, boy, girl, design, etc.Tostadora is free to modify the name of the Personal Shops if at the discretion of the company the name used does not have sufficient distinctiveness.
3.2 Marketing Shop.
Tostadora reserves the right, although it does not have the obligation to, show your creations in any means of communication or commercial channels for its promotion and / or give permission to, occasionally, send promotional material with your designs, without this entailing the right to receive any remuneration. If you promote your Personal Store and your articles, you have to do it based on the present conditions. 3.
Tostadora may prohibit linking a Personal Store to other websites that contain material that may be contrary to the Tostadora Terms of Service.
3.4 Modification of tags and design names.
Tostadora reserves the right to modify, add and / or delete the tags assigned to a design or composition, as well as to modify the name of the composition and / or the design to improve their visibility on the websites of LaTostadora and its commercial partners.
3.4 Customer Information
If you receive customer information from your Personal Store for any reason, you may not disclose such information to third parties.
3.3 Forbidden use, and positioning techniques not allowed
3.3 Forbidden use, and positioning techniques not allowed In your promotional activities that you must perform in your name and never in the name or on behalf of latostadora, you can not use any type of commercial communication that is considered invasive, counterproductive to the interests, or that harms customers and the reputation of the Tostadora , its positioning, perception in the market or reputation. Neither can you manipulate or attempt to manipulate the results of the "Search" Zone or other parts of the web where designs and / or compositions are displayed.
4. Payments to Personal Store Holder
We remind you that, according to the contractual conditions, your payment of royalties is calculated by extracting the proportional part of the VAT (depending on the country of sale) and Personal Income Tax (according to your country of fiscal residence) of the gross margin as rights of sale.
4.1 Terms of payment
The liquidation of the accumulated author's rights takes place quarterly, according to this fiscal calendar:
- 1st quarter sales (January 1 - March 31), paid on April 20.
- 2nd quarter sales (April 1 - June 30), paid on July 20.
- 3rd quarter sales (July 1 - September 30) paid on October 20.
- 4th quarter sales (October 1 - December 31) paid on January 20.
The minimum amount to ensure a payment is 25 USD. If the event that the quantity is less than this amount, it will be carried over to the following quarter.
All payments of royalties, whether you meet the minimum or not, are accompanied by a detailed sales report.
Tostadora reserves the right to carry out the price changes of its articles as and when it deems necessary, although this will not entail a change in the margins set by the Personal Store Owners.
4.2 Bank account
The Personal Store Owner has the responsibility to indicate to tostadora his current bank account, as well as his NIF and to issue the invoice in concepts and amounts according to the proforma that Nextalia will send him quarterly. The amount to be paid by Nextalia will be the author's rights accrued less the retention that according to current regulations corresponds according to the different fiscal profiles (Individual, Autonomous, ...)
In the event that the bank account information is erroneous, the amount will remain pending until such data is confirmed by the client.
5. Duration of the agreement
This agreement is valid for the duration of the provision of services with respect to the Tostadora Personal Store Holder.
6. Cancellation of the agreement
Tostadora, at its discretion and with or without notice, may:
a) Suspend or limit the use of Tostadora.us for a particular user and fully terminate an account
b) Remove any or all content that takes advantage of the Tostadora.us servers and directories
c) Prohibit the use of Tostadora.us services
The Personal Store Holder may cancel service for their user account at any time.
7. Limitation of Liability
The Personal Store Holder shall indemnify, defend and hold Tostadora free from any responsibility from any issue raised that, if true, would result in a breach of the agreements.
8. Applicable law and Jurisdiction
All services offered by Tostadora.us are subject to Spanish legislation.
Tostadora.us and the user/customer, expressly waive any other jurisdiction, submit to the courts and tribunals of Barcelona (Spain) for any dispute that may arise from the provision of services under these terms. In the event that the user resides outside of Spain, Tostadora.us and the user/customer are subject, expressly waiving any other jurisdiction, to the courts and tribunals of the city of Barcelona (Spain).