Designer User Agreement
You (hereinafter referred to as the “User”) have decided to make your designs available for purchase by other people in the form of fabric, home goods or other goods via the print-a-porter.ru website (hereinafter referred to as the “Trading platform”). Registration on the Trading platform is optional and available to everybody who agrees with the terms and conditions of the Agreement that regulates your activities and sale of designs through the Trading platform.
By using the Trading platform, in particular, by making your content available for sale and/or selling your content on the Trading platform you agree with the terms and conditions of the Agreement. If you do not agree with the terms and conditions of the Agreement, you may not offer your content on the Trading platform.
The Administration of the Trading platform (hereinafter referred to as the “Administration”) is entitled to change the terms and conditions of the Agreement; any sale or sale offer consequential upon such modification implies your consent to comply with the amendments made to the Agreement. If you have any questions concerning the Agreement, you can ask them through the contact form on https://print-a-porter.ru/contact-us.
1. Sale of fabrics and goods with design
The User represents and guarantees that he is owner or is entitled to use a design for commercial purposes. The User keeps all intellectual property rights related to the design.
The User agrees that the sale of fabrics and end products (hereinafter referred to as the “Goods”) with the design uploaded by the User (hereinafter referred to as the “User design”) will not violate the copyright, trademark or any property rights of third parties. It is prohibited to use other people’s designs, illustrations, photos, logos, slogans and quotes without the right holder’s prior written consent. It is prohibited to use the public figures’ photos and images without their prior written consent.
In addition, the User is not entitled to use any third-party trademarks, trade names or advertising rights in the name, description or tags related to his design (hereinafter referred to as “Specifications”).
The User shall upload both designs and specifications on the Trading platform through the designer’s personal account on the website, and agree to the manufacturing and sale of fabrics and goods with the User’s design on the Trading platform. The consent to the manufacturing and sale of goods through the Trading platform and partner websites is issued using special features in the designer’s personal account (you have to click on the checkboxes, if you accept).
The User authorizes the Trading platform and partner websites customers to:
- resell goods purchased on the Trading platform and partner websites;
- manufacture and sell goods using fabrics purchased on the Trading platform and partner websites.
For example, a customer is entitled to sew and sell goods made from fabrics with your design, as well as order, receive and resell fabrics or goods with your design.
The User agrees to the development of advertising content to promote the Trading platform activities including but not limited to the development and design of goods and postings on social media, contextually targeted advertising, banners, in particular, for offline advertising, as well as articles posted on the Trading platform and third-party online resources using the User’s designs (hereinafter referred to as the “Advertising content”).
The Administration reserves the right to:
- delete or block approved designs and specifications;
- ask the User to improve designs and specifications if they have technical errors that impede to print them;
- request a proof of copyright ownership for the uploaded designs and specifications. The User is obliged to provide this information within 24 h from the date of request;
- forbid to make any sales through the Website.
The User is obliged to upload designs in accordance with the requirements listed on the upload page.
All files shall be uploaded in 2 formats, for demonstration and printing.
- scale appropriate for better design demonstration
- 3-4 applicable monotones
- JPG, all color layers must be reduced to a solid background
- 254 ppi
- unlimited file size
- repeated pattern design (seamless pattern)
- sRGB IEC61966-2.1
- PSD/AI by layer (on demand)
- the file name shall consist of your last name written with roman letters and the file sequence number
The design shall not have such defects as mismatch of patterns, barré, etc.
The Administration may request PSD or AI files by layer to make some improvements.
The Administration is entitled to sell pieces of fabric in stock sales without specifying the author’s name in the following instances:
- pieces of fabric with defects occurred due to the User’s fault, i.e. errors in the print layout;
- pieces of fabric with defects occurred during the manufacturing process;
- pieces of fabric returned by customers;
- pieces of fabric manufactured for advertising purposes.
The User is entitled to remove his designs from the Trading platform using special features in the personal account (Designer’s account). In this case all goods with the User’s designs are removed from the Website, and the Administration has the right, but no obligation to keep existing advertising content based on the discontinued designs.
The User is entitled to use any content (images, postings on social media and patterns printed on goods) developed through the Trading platform (hereinafter referred to as the “Content”) only to attract customers to the Trading platform. It is prohibited to use the content for the sale of goods on other websites and within other projects not related to the Trading platform and its Administration.
2. Price policy and terms of payment
The Administration sets sale prices and discounts for fabrics and goods with your design applicable on the Trading platform and partner websites.
Having received a customer order for one or more designs through the Trading platform or partner websites, the Administration and its contractors manufacture fabrics and goods with the printed design and deliver them to the customer (MTO). In addition, the Administration is entitled to manufacture fabrics and goods with the User’s designs in advance for subsequent sale on the Trading platform and partner websites (stock sale).
The Administration and its contractors receive payment for the goods sold and pay the User a commission fee.
The User shall receive a commission fee equal to ten percent (10%) of the total amount paid by a customer less all discounts and promo offers provided by the website (hereinafter referred to as the “Commission fee”) for all fabrics with the User’s design sold through the Trading platform.
The User shall receive a commission fee equal to ten percent (10%) of the retail price of the total fabric amount required for the manufacturing of goods paid by a customer less all discounts and promo offers provided by the website (hereinafter referred to as the “Commission fee”) for all goods with the User’s design sold through the Trading platform. The Administration shall calculate the total amount of sold fabrics (in meters) and make payment to the User in accordance with the submitted application.
The money withdrawal shall be performed to the card of a Russian bank for residents of the Russian Federation. The minimum withdrawal amount is 1000 rubles.
Commission fees are paid within 5-10 business days not including the date of application at the User’s request submitted through the contact form on https://print-a-porter.ru/contact-us, but no more than once in 2 weeks. The period of time required for the funds arrival to the receiver’s account depends on the duration of interbank transactions.
All money transfers are made in Russian rubles.
The User is obliged to provide and keep current information (personal data) requested by the Administration in the User’s personal account.
If you purchase fabric or goods with your own design, you will not receive the commission fee, but you will have a ten percent (10%) discount of the retail price of the fabric with your own design. If you purchase goods with your own design, you will receive a 10% discount of the equivalent retail price of the fabric amount required for the goods manufacturing.
3. Taxes and the User’s liability
All designs shall comply with current legislation of the Russian Federation. It is prohibited to promote ethnic discord, racial or religious discrimination, as well as any form of intolerance, aggression, pornography or criminal violence.
The User acknowledges that the manufacturing of goods with his design shall not imply that the Administration approves the design and its specifications or relieves him of responsibility for any harm arising as consequence of the design use.
The User acknowledges that the Administration shall not be responsible for whole or partial use of the design and its specifications by third parties.
As the Administration is not the User’s withholding agent and/or employer, the User is obliged to declare the commission fee as an income and pay taxes in accordance with tax legislation of the country of residency.
Cooperation with the Print-a-Porter Trading platform assumes several tax statuses:
- self-employed individual (6% self-employment tax);
- non-self-employed individual (commission fee less 13% income tax);
- individual entrepreneur or LLC (commission fee with no tax settlement).
The User shall compensate to the Administration and third parties involved in the manufacturing of goods with the User’s design for losses resulting from any court decisions, damages, liabilities, as well as costs and expenses including but not limited to reasonable fees payable to attorneys, experts and participants of legal proceedings due to a complaint from a third party for the reason that:
- the User’s design sold through the Trading platform and/or its specifications violate the intellectual property rights of a third party;
- the User fails to perform the tax liabilities arising from the goods sale through the Trading platform;
- the User violates the terms and conditions of the Agreement.