TERMS AND CONDITIONS FOR THE ONBOARDING AND ENABLEMENT OF COMMERCIAL USERS ON THE FUERA DEL MOLDE MARKETPLACE
Identification of FUERA DEL MOLDE
FUERA DEL MOLDE® is a commercial establishment of Grupo Tecnológico CATO S.A.S., a Colombian company identified with Tax Identification Number (NIT) 900.494.361-8, with mailing and business address at CL. 152 # 72-03, Tower 4, Bogotá D.C., and address for service of judicial notices at Calle 45A # 53-51, Barrio Virrey, Villavicencio, Meta. Contact telephone numbers: 310 283 6520 and 314 481 6215. For purposes of these Terms and Conditions for the Onboarding and Enablement of Commercial Users, it may be referred to as “FUERA DEL MOLDE”, “FDM”, “we”, “our” or “us”, as applicable. The customer service email is [email protected].
These Terms govern the conditions that an individual or legal entity must satisfy to apply for, obtain and maintain the Enablement required to carry out commercial activities through the FUERA DEL MOLDE Marketplace. Their purpose is to establish a verifiable, transparent onboarding process consistent with the responsibilities that may be assumed by those who sell Products, publish or commercialize Content, manufacture, produce, print, customize or otherwise participate in the offering and fulfillment of Products and Services within the Marketplace.
Submitting an onboarding application, creating an account, or providing information and documents does not by itself imply approval or automatic Enablement to carry out commercial activities on FUERA DEL MOLDE. Enablement is subject to compliance with these Terms, any reasonably necessary verification, and FDM’s express approval of the application.
1. Purpose and Scope
These Terms establish the legal, documentary, operational, commercial and compliance requirements applicable to the onboarding and Enablement of Commercial Users on FUERA DEL MOLDE, as well as certain obligations that must continue to be met while Enablement remains in effect.
They apply to any individual or legal entity that seeks to use the Marketplace to offer or sell Products or Services; publish, license or commercialize designs, works, images or other Content; manufacture or produce Products; provide printing or customization services; participate in preparing or fulfilling Orders; or carry out any other commercial activity that FDM enables for third parties within the Marketplace.
Onboarding approval may apply to one or more roles and does not mean that the Commercial User is authorized to carry out activities other than those that have been verified and enabled. FDM may require additional requirements where warranted by the nature of the Product, Service, Content, role performed, territory of operation or applicable regulation.
These Terms do not replace any obligations imposed on the Commercial User by applicable law, nor do they exempt the Commercial User from obtaining and maintaining any registrations, permits, licenses, authorizations, approvals or technical requirements necessary to carry out their activities.
2. Relationship with Other FUERA DEL MOLDE Terms and Policies
The onboarding process and the Commercial User’s subsequent activities will be governed jointly by these Terms, the FUERA DEL MOLDE Terms and Conditions of Use and Services, and any other policies, agreements and guidelines applicable to the relevant role, activity and transaction.
In particular, where published, in effect and applicable, the applicable framework includes the Privacy and Personal Data Processing Policy, the Intellectual Property and Image Rights Policy, the Content and Community Guidelines, the Exchanges and Returns Policy, the Delivery and Shipping Policy, the Partner Negotiation and Categorization Agreement when signed or accepted by the Commercial User, any other specific commercial conditions accepted by the Commercial User, and any special conditions published or communicated by FDM for specific programs, categories, Products or Services.
Acceptance of these Terms does not replace acceptance of other documents where, by their nature, they must be accepted separately. Where special conditions apply to a particular program, category, negotiation or Service, those conditions will supplement these Terms with respect to the matters they govern, without prejudice to the precedence of applicable mandatory rules.
Terms defined in the general FUERA DEL MOLDE Terms and Conditions will have the same meaning in this document unless expressly assigned a different definition here for purposes of the onboarding and Enablement process.
3. Definitions
For purposes of these Terms, the following definitions will apply, without prejudice to any others set forth in the general Terms and Conditions and FUERA DEL MOLDE policies:
Commercial User: an individual or legal entity that applies for or has obtained Enablement to carry out one or more commercial activities within the Marketplace, including, as applicable, the functions of Seller, Artist or Designer, Manufacturer or Producer, Printer, or another commercial role enabled by FDM.
Applicant: an individual or legal entity that has initiated the onboarding process but whose Enablement has not yet been finally approved.
Commercial Account: the account, profile, store, space or set of features that FDM enables for a Commercial User to manage activities corresponding to their role within the Marketplace.
Enablement: approval granted by FDM allowing a Commercial User to use specified commercial features of the Marketplace after the applicable requirements and verification procedures have been satisfied. Enablement may be limited to specified roles, categories, Products, Services, territories or features.
Seller: a Commercial User enabled to offer and sell Products or Services through the Marketplace, whether in their own name or in the legal capacity applicable to the transaction.
Artist or Designer: a Commercial User who creates, uploads, publishes, licenses or commercializes designs, illustrations, photographs, works, images, texts or other Content that may be used independently or incorporated into Products offered through the Marketplace.
Manufacturer or Producer: a Commercial User who manufactures, produces, makes, supplies or prepares Products that may be offered, commercialized, customized or delivered through the Marketplace.
Printer: a Commercial User who provides printing, stamping, engraving, customization, design-application or other technical services on Products related to Orders managed through the Marketplace.
Authorized Representative: an individual with sufficient authority to act on behalf of a legal entity or another principal where the law or the nature of the relationship permits such representation and it can be reasonably demonstrated to FDM.
Onboarding Documentation: information, statements, forms, certificates, identification documents, registrations, and banking, tax, commercial, technical or representation records requested by FDM to verify the Applicant and determine whether Enablement should be granted.
4. Who May Apply for Onboarding
Individuals over eighteen (18) years of age who have legal capacity to enter into binding obligations, and duly incorporated legal entities acting through their legal representative or a duly authorized person, may apply for onboarding as a Commercial User.
Minors may not independently apply for Enablement as Commercial Users or directly assume commercial obligations arising from these Terms where the law requires full legal capacity. This does not prevent a legally authorized representative from handling, where legally permissible, matters relating to the rights or Content of a minor, subject to the applicable verification procedures and safeguards.
Where the Applicant is a legal entity, the Commercial Account will belong to the legal entity rather than to the individual who completes the process on its behalf. FDM may require identification of the legal representative, account administrators, authorized contacts and any other persons who must act on behalf of the organization, as well as documents establishing their authority.
FDM may temporarily limit or condition the availability of the onboarding process for specified roles, Product or Service categories, territories, operational capacities or commercial models, based on the characteristics of the Marketplace, its operational capacity and applicable legal conditions.
5. General Requirements to Apply for and Maintain Enablement
Every Applicant and, once approved, every Commercial User must continuously comply, as applicable to their nature and activities, with the following conditions:
• provide complete, accurate, up-to-date, verifiable and non-misleading information during the onboarding process and throughout the duration of their relationship with FDM;
• establish their identity and, when acting on behalf of another person or a legal entity, demonstrate sufficient authority or authorization to act;
• provide the Onboarding Documentation and any additional supporting materials reasonably requested by FDM to verify identity, legal existence, representation, tax information, ownership or authorization of payment methods, origin of Products, rights in Content, operational capacity or compliance with legal obligations;
• keep the contact and notification channels provided to FDM active and up to date;
• have the legal, technical, commercial and operational capacity necessary to fulfill the obligations associated with the roles for which they apply for or maintain Enablement;
• commercialize only Products, Services and Content whose offering, manufacture, publication, distribution, printing, customization or commercialization is lawful and for which they hold any required rights, permissions, authorizations, registrations or licenses;
• comply with the FUERA DEL MOLDE Terms and Conditions, policies applicable to the Marketplace, accepted commercial agreements and applicable law;
• promptly report any material change in the information or circumstances on which Enablement was based, including changes to identity, representation, legal name, domicile, tax information, banking details, business ownership, operational capacity, permits or relevant authorizations;
• refrain from using identities, documents, bank accounts, trademarks, registrations, certificates or information belonging to third parties without sufficient authorization;
• cooperate in good faith with verification, updating, claims-handling, fraud-prevention, regulatory-compliance and Marketplace User-protection processes.
Initial compliance with these requirements does not prevent FDM from conducting subsequent verification or requesting updates where there is an objective reason related to changes in information, account security, fraud prevention, legal compliance, claims, changes to the commercial role or expansion of enabled activities.
6. Information and Documentation Required from Individuals
Where the Applicant is an individual, FDM may request the information and documents reasonably necessary to identify the Applicant, verify their capacity to act as a Commercial User, and enable the features corresponding to their role. The specific information required may vary depending on the activity the Applicant intends to carry out, the nature of the Products or Services, and the applicable legal or operational requirements.
As part of the onboarding process, FDM may request, as applicable:
• full first and last names, type and number of identification document, date of birth, and any other data strictly necessary to verify identity and legal age;
• email address, telephone number, physical address for notices, and the city or place from which the activity is carried out;
• a copy of the identification document or another verification mechanism, where necessary to confirm the information provided;
• applicable tax and billing information, including the Single Tax Registry (RUT) or an equivalent document where required;
• information regarding the trade name, brand, business activity, Product or Service categories, and roles for which Enablement is requested within the Marketplace;
• information and supporting documentation for the payment method or bank account designated to receive disbursements where the Applicant’s role generates payments in their favor;
• registrations, permits, licenses, certifications or authorizations required to manufacture, offer, commercialize, print, customize or distribute specified Products or provide specified Services; and
• any other supporting materials necessary to verify specific circumstances related to the requested role, the origin or traceability of Products, rights in Content, or compliance with legal obligations.
FDM will not require every Applicant to provide all of the foregoing documents where they are not relevant to the Applicant’s activity. FDM may establish differentiated requirements by role, category or verification level, while respecting the principles of necessity, purpose limitation and proportionality applicable to personal data processing.
7. Information and Documentation Required from Legal Entities
Where the Applicant is a legal entity, the onboarding information and documentation must allow the entity to be identified, its existence to be verified, the persons authorized to act on its behalf to be established, and the information necessary for its operation within the Marketplace to be confirmed.
FDM may request, as applicable:
• full legal name, entity type, tax identification number or equivalent, principal domicile, physical address for notices, email address and contact telephone number;
• certificate of existence and legal representation, chamber of commerce certificate, or equivalent document allowing verification of the entity’s incorporation, current status and representation;
• Single Tax Registry (RUT) or equivalent tax document and the information necessary to determine applicable tax and billing responsibilities;
• first and last names, type and number of identification document, and contact information of the legal representative;
• a copy of the legal representative’s identification document or another verification mechanism and, when the process is completed by another person, a power of attorney, authorization or sufficient document establishing that person’s authority to act on behalf of the entity;
• identification of administrators, contacts or authorized users who may operate the Commercial Account where FDM enables differentiated access for the same organization;
• trade name, brands used, business activity, Product or Service categories, and roles for which Enablement is requested;
• certification or supporting documentation for the bank account or payment method designated to receive disbursements, preferably in the name of the legal entity that owns the Commercial Account;
• registrations, permits, licenses, certifications or authorizations required to carry out the relevant activities or commercialize the corresponding Products or Services; and
• where necessary due to compliance obligations, fraud prevention, payment-provider requirements or applicable regulations, additional information regarding the entity’s control structure, beneficial owners or ultimate beneficial owners.
Where the legal entity was incorporated abroad, FDM may accept equivalent documents issued in accordance with the laws of its country of origin and may request translation, legalization, apostille or another authentication mechanism only where reasonably necessary to verify validity or comply with a legal obligation.
The Commercial Account will remain owned by the legal entity even if its legal representative, administrator or authorized contact changes. The Commercial User must promptly report such changes and provide the documentation necessary to update access and representation authority.
8. Verification of Identity, Legal Existence, Representation and Documentation
FDM may verify the information and documentation provided before approving onboarding and throughout the duration of Enablement. Such verification may include the Applicant’s identity, the legal existence and representation of a legal entity, ownership or authorization of payment methods, tax information, applicable permits or registrations, and other information relevant to the requested role.
For these purposes, FDM may use, in a proportionate manner and in accordance with its Privacy and Personal Data Processing Policy, mechanisms such as document validation, confirmations by email or telephone, consultation of registers or legitimately accessible public sources, identity-verification providers, payment providers, and other services necessary to prevent fraud, protect Users and comply with legal obligations.
If there are inconsistencies, incomplete information, illegible or expired documents, or documents whose authenticity cannot reasonably be verified, FDM may request clarification, updated documents or additional supporting materials before making a decision.
Following review, the application may be approved, conditionally approved for specified roles or features, left pending additional information, or not approved. Creation of an access account or receipt of documentation does not by itself constitute Enablement.
Where an application cannot be approved because essential information could not be verified, false or misleading information exists, the requested activity is not enabled on the Marketplace, the intended Products or Services are prohibited, or the applicable requirements have not been demonstrated, FDM may decline to enable the Commercial Account. Where reasonably possible and where doing so does not compromise security measures, fraud prevention or investigations, FDM will inform the Applicant of the status or general reason for the decision.
Onboarding approval does not constitute permanent certification of the Commercial User’s legal, tax, technical or commercial status. Subsequent verification, information updates and any measures arising from changes in circumstances will also be governed by Sections 21 and 22 of these Terms.
9. Tax Information, Billing and Payment Details
Each Commercial User is responsible for understanding and complying with the tax, accounting, billing, registration and reporting obligations applicable to them based on their nature, activity, location and specific participation in transactions carried out through the Marketplace.
FDM may request and retain, in accordance with its Privacy and Personal Data Processing Policy, the tax information necessary to manage the commercial relationship, make payments, apply withholding where legally required, issue applicable certificates, comply with reporting obligations, and provide the Buyer or authorities with information that must be disclosed by law.
The Commercial User must keep their tax identification, tax responsibilities, applicable tax regime or status, billing information, and any other data necessary to properly document transactions in which they participate up to date. Any material change must be reported to FDM together with supporting documentation allowing the Commercial Account to be updated.
The obligation to issue an invoice, equivalent document or other tax record will be determined in accordance with applicable law and the status of each participant in the transaction. Operation of the Marketplace does not exempt the Commercial User from any obligations legally applicable to them as Seller, Producer, service provider or other obligated party.
Where the Commercial User is to receive payments or disbursements through FDM, they must register a valid and verifiable payment method. FDM may require the designated bank account or payment instrument to be in the name of the Commercial Account holder or require sufficient documented authorization where payment must be made to a third party.
Changes to the bank account, account ownership or payment method may be subject to renewed verification before disbursements are made. While the change is being verified, FDM may temporarily suspend the affected payment where reasonably necessary to prevent fraud or avoid payment to an unauthorized person, without such measure implying the loss of amounts legitimately owed to the Commercial User.
Settlement periods, commissions, fees, margins, discounts, payment thresholds and other applicable economic conditions are not established by these Onboarding Terms unless expressly stated otherwise. Such conditions will be established in the general Terms and Conditions, the commercial agreement, the Commercial User’s categorization, the relevant publication or the specific conditions accepted for each program.
The Commercial User is responsible for the accuracy of the banking and tax information provided. Errors, omissions or outdated information may delay payments or require additional verification, but will not by themselves result in the loss of amounts legally or contractually owed to the Commercial User.
10. Products and Services Permitted on the Marketplace
The Commercial User may only offer, publish, manufacture, produce, print, customize, supply or commercialize Products, Services and Content that are lawful, correspond to the roles and categories for which Enablement has been granted, and comply with these Terms, the general Terms and Conditions, the Content and Community Guidelines, the Intellectual Property and Image Rights Policy, and any other applicable conditions.
The technical availability of a category, field, publication tool or feature does not mean that any Product, Service or Content may be freely offered on the Marketplace. The Commercial User must verify that the intended activity is permitted and that they hold any registrations, permits, licenses, authorizations, certifications or technical requirements applicable to the nature of the activity.
The following, among others, may not be offered or used on the Marketplace:
• Products, Services or Content whose commercialization, manufacture, distribution, printing, customization, advertising or use is prohibited by applicable law or FUERA DEL MOLDE policies;
• counterfeit or adulterated Products, or Products that use trademarks, designs, works, images, distinctive signs or other third-party rights without authorization;
• Products subject to mandatory registrations, permits, licenses, certifications or technical requirements where the Commercial User cannot demonstrate compliance when required;
• Products that have been recalled, are subject to an applicable safety alert, or whose commercialization may pose an undisclosed risk to Users; and
• any Product, Service or Content incompatible with the role, category or features for which the Commercial User has been enabled.
The foregoing is not an exhaustive list. FUERA DEL MOLDE may establish restricted or prohibited categories and update its publication criteria where necessary for legal, regulatory, safety, intellectual-property, Marketplace-operational or User-protection reasons.
FUERA DEL MOLDE may request information from the Commercial User regarding the origin, supplier, manufacturer, traceability, composition, permits, registrations, certifications or other supporting documentation associated with a Product or Service where there is an objective reason to verify legality, safety, authenticity or conformity. While verification is pending, FDM may temporarily limit new publications, sales or features directly related to the item under review.
Approval of a publication, its temporary availability on the Marketplace, or previous sales do not by themselves constitute certification by FUERA DEL MOLDE of the legality, safety, authenticity, origin or regulatory compliance of the Product, Service or Content. Each participant retains the obligations applicable to them based on their role and applicable law.
11. Product, Offer and Publication Information
A Commercial User who provides information for a publication, offer or Product listing must ensure that the information is truthful, sufficient, clear, verifiable, up to date and consistent with what can actually be supplied to the Buyer.
Depending on the nature of the Product, Service and role performed, the information may include, among other matters, the Product name or description; materials or composition; measurements, sizes, dimensions and colors; functional characteristics; relevant instructions or care requirements; use restrictions; manufacturing, printing or customization techniques; available variants; availability; preparation or production times; identity of the Seller and, where relevant, the Manufacturer, Producer or Printer; price and any concepts that must be disclosed; warranty conditions; and any other characteristic necessary for an informed purchase decision.
Where a characteristic may vary according to the option selected by the Buyer, the Commercial User must keep the applicable variants, combinations, references, sizes, colors, materials, customization areas, available techniques and other parameters properly configured.
Photographs, illustrations, simulations, previews, mockups, videos and other visual resources used in a publication must reasonably represent the Product offered and may not be used in a way that misleads regarding its essential characteristics. Reasonable differences may arise from screens, materials, printing techniques, design placement or production processes, provided they do not constitute noncompliance with offered or confirmed specifications, loss of quality or fitness for purpose, or delivery of a Product different from the one requested.
The Commercial User must promptly review and update information that may affect a purchase decision or fulfillment of an Order. If the Commercial User identifies a material error in a publication, they must correct it or notify FUERA DEL MOLDE without delay and refrain from continuing to accept affected Orders where they reasonably know they cannot meet the stated conditions.
Once an Order has been confirmed, essential characteristics such as the Product, reference, size, color, material, design, quantity, customization technique or confirmed specifications may not be unilaterally modified. Any necessary change must be managed through the mechanisms enabled by FUERA DEL MOLDE and must obtain the required authorization before performance continues.
FUERA DEL MOLDE may request correction, supplementation or updating of a publication where it identifies information that is incomplete, contradictory, outdated, potentially misleading or incompatible with its policies. Where the situation may materially affect Buyers, FDM may temporarily restrict the publication or prevent new Orders while it is being corrected.
12. Intellectual Property, Designs, Trademarks and Image Rights
Every Commercial User must comply with the FUERA DEL MOLDE Intellectual Property and Image Rights Policy. In particular, the Commercial User is responsible for ensuring that they hold the rights, licenses, permissions, authorizations or other legal basis necessary for any Content they upload, publish, provide, use, commercialize or request to be incorporated into Products.
This obligation includes, as applicable, copyright and related rights, trademarks and other distinctive signs, industrial designs, trade names, works, illustrations, photographs, characters, logos, digital files, texts, images, portraits, names, voices and other protected elements or elements associated with third-party rights.
The Commercial User must have sufficient authorization for the uses they actually intend to carry out or permit within the Marketplace, including, as applicable, publication, reproduction, technical adaptation, storage, display, promotion, printing, customization, manufacture, distribution and commercialization of the Content.
Giving credit to the author or rights holder, finding material on the Internet, purchasing a physical copy, downloading a file, partially modifying it, changing colors, adding text, combining it with other elements, or using expressions such as “inspired by,” “fan art,” “tribute” or “unofficial” does not by itself authorize the commercialization of protected Content.
Where Content includes a person’s image, photograph, portrait, voice, name or other attributes, the Commercial User must have the authorization or other legal basis necessary for the specific intended use, respecting its scope, purpose, duration and any other applicable conditions.
The technical ability to upload, publish, print or commercialize Content, and the absence of prior claims, do not constitute validation by FUERA DEL MOLDE of ownership or legality. FDM may request reasonably necessary supporting materials where there is a claim, a potential infringement, a licensing program or another circumstance justifying verification.
Operational licenses granted by the User to FUERA DEL MOLDE to host, display, technically adapt, promote within the Marketplace, manufacture, print, customize or manage Orders associated with the User’s Content will be governed by the general Terms and Conditions, the Intellectual Property and Image Rights Policy and, where applicable, the specific terms of a licensing program or collaboration.
Where FUERA DEL MOLDE receives a sufficiently supported claim, reasonably identifies a potential infringement, or must comply with a request from an authority, it may restrict, remove or suspend the Content, Product or publication involved in accordance with the procedures and measures set forth in the Intellectual Property and Image Rights Policy and the Content and Community Guidelines.
13. Product Quality, Fitness for Purpose, Safety and Regulatory Compliance
Commercial Users acting as Sellers, Manufacturers, Producers, Printers or in any other role related to supplying a Product must comply with the quality, fitness for purpose, safety, information, labeling, manufacturing, storage and other obligations legally applicable to them based on their participation in the transaction.
The Manufacturer or Producer must carry out its processes in accordance with the technical specifications, materials, references and conditions agreed for the Product. The Printer must perform printing, stamping, engraving, customization or other technical services in accordance with the confirmed specifications and the characteristics of the material and technique used. The Seller must ensure that the Product offered and delivered corresponds to the information communicated to the Buyer and must comply with the obligations applicable to the consumer relationship.
Where a Product is subject to technical regulations, health requirements, mandatory labeling, registrations, licenses, certifications, safety warnings, instructions for use or any other special requirement, the responsible Commercial User must keep the corresponding documentation current and provide it to FUERA DEL MOLDE where reasonably necessary to verify compliance.
The Commercial User must notify FUERA DEL MOLDE without delay upon becoming aware of a defect, risk, alert, recall, regulatory noncompliance or circumstance that may materially affect the safety, quality or fitness for purpose of Products published or already sold through the Marketplace. Such notice must include the reasonably available information necessary to identify the affected Products or Orders and take the appropriate measures.
FUERA DEL MOLDE may suspend new sales, limit a publication, request evidence, temporarily remove a Product or coordinate other preventive measures where there are reasonable indications of a risk to Users, potential safety noncompliance, or an order or recommendation from a competent authority. Such measures may be adopted before a final decision where necessary to prevent harm.
The internal allocation of functions among the Seller, Manufacturer, Producer, Printer, logistics provider and FUERA DEL MOLDE may not be used to reduce the Buyer’s rights or shift to the Buyer responsibilities or costs that legally belong to any participant in the transaction.
14. Inventory, Availability and Operational Capacity
The Commercial User must keep information regarding availability, inventory, variants and operational capacity relevant to the activities they carry out within the Marketplace up to date.
Where the Commercial User operates with available inventory, published stock levels must be kept current so that they reasonably reflect the units that can be allocated to Orders placed through FUERA DEL MOLDE. Where the Commercial User operates under on-demand manufacturing, production, printing or customization, information regarding production capacity, preparation times, material availability, technical restrictions and other conditions that may affect fulfillment must be kept up to date.
The Commercial User must not keep a publication available or accept Order volumes that, based on the information and capacity reasonably known to them, cannot be fulfilled within the stated times and conditions. If capacity changes materially, the corresponding information must be updated or the change reported to FUERA DEL MOLDE to prevent new Orders that are incompatible with actual capacity.
Where a Product has variants in size, color, material, reference, printing technique, design placement or other options, the Commercial User must manage availability with sufficient differentiation to avoid confirming combinations that cannot be supplied.
FUERA DEL MOLDE may establish Order-intake limits, temporarily pause certain publications or request capacity adjustments where there are objective indicators of repeated noncompliance, lack of inventory, material delays, availability errors or operational risks that may affect Buyers. Any measure must be related to the situation identified and may be reviewed once the issue has been corrected.
Enablement as a Commercial User does not mean that FUERA DEL MOLDE guarantees any minimum volume of Orders, sales, exposure, traffic or income, nor does it require the Commercial User to maintain capacity greater than what they have reported and accepted for their operation.
15. Order Management and Fulfillment
The Commercial User must diligently handle the Orders in which they participate in accordance with their role, the confirmed specifications, the timeframes communicated to the Buyer, the procedures enabled by FUERA DEL MOLDE, and applicable legal obligations.
Where applicable, the Commercial User must promptly review the Order information, confirm the availability of Products or materials, carry out manufacturing, preparation, printing or customization, perform reasonable quality controls, package the Product according to its nature, hand it over to the applicable logistics process, and keep the operational statuses under their responsibility up to date.
The Commercial User may not unilaterally substitute a Product, material, size, color, design, technique, reference or any other essential characteristic of the Order. If, during performance, the Commercial User identifies an impossibility or need for modification, they must stop the affected process where reasonable and report the issue through FUERA DEL MOLDE’s mechanisms before adopting any solution that changes what was confirmed by the Buyer.
Issues that may materially affect the timeframe, availability or fulfillment of an Order must be reported to FUERA DEL MOLDE as soon as they become known. To the extent possible, the Commercial User must state the cause, the affected Products or Orders, the current status of the process, and the available operational alternatives.
Where it is impossible to fulfill an Order under the confirmed conditions, the Commercial User must not mark it as fulfilled, shipped or delivered if that does not reflect the actual situation. Depending on the transaction model, FUERA DEL MOLDE will coordinate communication with the Buyer and the appropriate alternative, including, where applicable, cancellation, authorized substitution, new production, refund of amounts paid, or another appropriate remedy.
FUERA DEL MOLDE may request traceability, production, quality-control, printing, dispatch, delivery or other supporting evidence reasonably necessary to verify fulfillment of an Order, handle a claim or resolve an issue.
FUERA DEL MOLDE’s involvement in Order processing, collection of payment, manufacturing, printing, customization, storage, customer service, logistics or delivery does not eliminate the obligations applicable to the Seller, Producer, Printer or other participant based on the role actually performed.
16. Claims, Warranties, Exchanges, Returns and Other Post-Purchase Requests
Where a claim, warranty, exchange, return, right of withdrawal, payment reversal, cancellation, refund or other request relating to an Order requires the participation of a Commercial User, that Commercial User must cooperate diligently with FUERA DEL MOLDE and provide the information, supporting materials and actions reasonably necessary to resolve the case within the applicable timeframes.
The Commercial User must retain and provide, where applicable, information that allows the Product to be identified and the transaction to be reasonably reconstructed, including confirmed specifications, references, materials, production or printing records, quality controls, communications, dispatch evidence or other supporting materials related to the matter claimed.
The Buyer will not be required to determine whether a defective, incorrect or incomplete Product, a Product different from the one requested, or a Product that fails to comply with confirmed specifications must legally be handled as a statutory warranty claim, contractual breach or another legal remedy. FUERA DEL MOLDE will receive the request and may internally coordinate the participation of the Commercial Users involved to determine the appropriate handling based on the facts, the transaction model and applicable law.
The Commercial User may not directly impose on the Buyer conditions, exclusions, costs, timeframes or procedures that reduce rights recognized by law, the general Terms and Conditions, the Exchanges and Returns Policy, or the specific conditions disclosed for the Product. Voluntary commercial conditions may be more favorable to the Buyer, but they may not replace mandatory rights where such rights apply.
Where the cause of a claim is attributable to the actions of a Seller, Manufacturer, Producer, Printer or other participant, that participant will bear the obligations and costs legally or contractually applicable to them. FUERA DEL MOLDE may make the internal settlement adjustments provided for in the general Terms and Conditions or the applicable commercial agreement, always according to the cause of the case and without assigning to a Commercial User responsibilities that belong to another participant.
Where the statutory warranty applies, the internal allocation of functions, causes or costs will not limit any joint and several liability that the law imposes on the producer and supplier toward the consumer. Internal adjustments or recoveries among participants will be resolved without affecting the handling of the case or the Buyer’s rights.
Internal response times requested by FUERA DEL MOLDE must be met in a manner that allows compliance with the legal, contractual and operational deadlines applicable toward the Buyer. Failure to respond, unjustified refusal to provide supporting materials, or repeated noncompliance may result in proportionate measures affecting publications, Order intake, payments or Enablement, in accordance with these Terms and other applicable documents.
Where a request requires a Product to be collected, repaired, replaced, reproduced, reprinted or returned, the Commercial User must follow the logistics and operational instructions coordinated by FUERA DEL MOLDE and bear the costs applicable to them based on the cause of the request, their role in the transaction and applicable law.
A subsequent suspension, restriction or termination of the Commercial Account will not extinguish obligations relating to previously placed Orders, including warranties, returns, claims, refunds, information duties, retention of supporting records, and any other obligations that by their nature must remain in effect.
- Commercial Conditions, Categorization and Compensation
Enablement as a Commercial User may be associated with specific commercial conditions relating to fees, commissions, margins, royalties, base amounts, included services, exposure, operational limits, settlement schedules, disbursement thresholds, campaigns, benefits or any other economic component applicable to the relevant role.
Specific amounts, percentages and conditions are not generally established in these Onboarding Terms. They must be disclosed to the Commercial User through the Marketplace, the account dashboard, a current commercial schedule, the Partner Negotiation and Categorization Agreement, the particular conditions of a program, or another mechanism that allows the Commercial User to know them before they are applied.
FUERA DEL MOLDE may establish commercial categories, levels or programs for Commercial Users taking into account, as applicable, criteria such as transaction volume, quality, Order fulfillment, response times, operational capacity, claims, contracted services, performance or other previously disclosed criteria. Membership in a category does not constitute an acquired right to remain in that category indefinitely and does not guarantee any particular volume of sales, exposure or income.
Where a change in category or commercial conditions involves material changes to fees, percentages, compensation, obligations or benefits, FUERA DEL MOLDE must communicate the change before it is applied and request additional acceptance where required by the commercial mechanism used. Changes will not retroactively affect the economic conditions of already confirmed Orders unless required by law or the parties expressly agree to a permitted adjustment.
Where FUERA DEL MOLDE implements campaigns, discounts or promotions that directly reduce the compensation, margin or royalty payable to a Commercial User, that reduction must be covered by conditions previously accepted by the Commercial User or be subject to their specific acceptance. If the discount is funded exclusively by FUERA DEL MOLDE from its own fee or promotional budget, that fact alone will not reduce the compensation previously agreed in favor of the Commercial User.
- Identification of the Commercial User to the Buyer
Where a Commercial User acts as Seller toward the Buyer, the Commercial User must provide and keep current the information necessary for clear identification and to allow FUERA DEL MOLDE to comply with the information obligations applicable to the Marketplace.
Where a third party acts as Seller toward the Buyer, that party must provide and keep current, at a minimum, the information necessary for proper identification and contact, including name or legal name, identification document or NIT where applicable, physical address for notices, telephone number, and any other information required by applicable regulations.
FUERA DEL MOLDE may display, in the publication, during the purchase process, in the Order confirmation or in other appropriate spaces, information identifying each participant’s involvement, using references such as “Sold by,” “Manufactured by,” “Produced by,” or “Printed or customized by,” where relevant to understanding the transaction.
FUERA DEL MOLDE will maintain an identification record for independent Sellers containing the information required for their proper identification and contact. Information that must legally be available to the Buyer will be made available to the person who completed the transaction when needed to submit a complaint or claim, and will be provided to the competent authority upon request. Data that is not required to be displayed publicly will be kept under restricted access and processed in accordance with the Privacy and Personal Data Processing Policy.
The Commercial User must report without delay any change to their identity, legal name, domicile, address for notices, representative, contact channels or other information relevant to identification. While an essential update is being completed, FUERA DEL MOLDE may limit features that reasonably depend on that information.
- Processing and Use of Personal Data Received Through the Marketplace
In connection with Orders, manufacturing, printing, customization, delivery, claims handling or other activities, a Commercial User may receive or access personal data of Buyers, recipients or other Users. Such access will be limited to the information necessary to perform the applicable function and must take place in accordance with applicable law and the FUERA DEL MOLDE Privacy and Personal Data Processing Policy.
For purposes of this Section, the terms Data Subject, Processing, Data Controller, Data Processor and Authorization will have the meanings set forth in the FUERA DEL MOLDE Privacy and Personal Data Processing Policy.
The Commercial User must use the information received solely for purposes associated with the transaction, Service or function for which it was disclosed. The Commercial User may not use contact details, addresses, Order information, customization files or other data received through FUERA DEL MOLDE to create independent databases, conduct commercial prospecting, send advertising, sell or transfer information, profile Users for purposes unrelated to the transaction, or contact the Buyer for reasons unrelated to the transaction, unless an independent legal basis exists and, where required, the Data Subject’s Authorization has been obtained.
Where the Commercial User processes personal data on behalf of FUERA DEL MOLDE and in accordance with its instructions, the Commercial User must comply with the obligations applicable to a Data Processor, including confidentiality, security, restricted access, use limited to authorized purposes, cooperation in addressing Data Subject rights, and return, deletion or restriction of information where applicable. Where a Data Controller–Data Processor relationship legally exists, the Processing must be documented through a personal data transmission agreement or other appropriate legal instrument where required. Where the Commercial User determines its own purposes and means and acts as an independent Data Controller, it must directly comply with the obligations applicable to it under personal data protection law.
Access to personal data within the Commercial User’s organization must be limited to persons who need the information to perform their functions. The Commercial User must adopt reasonable measures to prevent unauthorized access, use, loss, alteration, copying or disclosure and must ensure that employees, contractors, administrators or third parties involved in Processing comply with confidentiality obligations.
If the Commercial User identifies or suspects an incident that may compromise personal data received through FUERA DEL MOLDE, the Commercial User must notify FDM without undue delay, preserve the available information regarding the incident, and reasonably cooperate with any necessary containment, investigation, mitigation and compliance measures.
When the data is no longer necessary for the purpose that justified its disclosure, the Commercial User must delete, return, anonymize or restrict its use, as applicable, except for information that must be retained due to a legal or contractual obligation or another legally valid purpose. Termination of the relationship with FUERA DEL MOLDE does not authorize retention or use of personal data for new or incompatible purposes.
- Administration, Security and Authorized Users of the Commercial Account
The holder of the Commercial Account is responsible for managing the access they authorize and maintaining reasonable measures to protect credentials, devices and authentication mechanisms associated with the account.
Where FUERA DEL MOLDE allows a legal entity or Commercial User to have multiple administrators, employees, contractors or authorized users, the account holder must grant access only to persons who need it, seek to ensure that each person uses their own credentials where the feature permits, and revoke or modify permissions when their functions change, their relationship ends or they are no longer authorized.
Passwords, verification codes or other authentication mechanisms must not be shared in a manner that prevents reasonable identification of the person operating the account or unnecessarily increases the risk of unauthorized access. FUERA DEL MOLDE may implement controls such as additional verification, enhanced authentication, role management, access logs or other measures proportionate to account risks.
The Commercial User must notify FUERA DEL MOLDE without delay upon detecting or suspecting lost credentials, impersonation, unauthorized access, an unrecognized administrator change, or any situation that may compromise the security of the Commercial Account. FDM may temporarily limit access, payments or other directly affected features while security is verified and restored.
The Commercial User will be responsible for actions taken by persons whom the Commercial User has lawfully authorized to operate the account within the scope of that authorization. This does not mean that the Commercial User must assume responsibility for unauthorized transactions where liability legally rests with FUERA DEL MOLDE, a service provider or a third party, in which case the applicable circumstances and rules will govern.
Where a Commercial Account belongs to a legal entity, changes to its legal representative, administrator or authorized personnel will not by themselves change ownership of the account. The Commercial User must promptly manage updates to access and authority in accordance with Section 7 of these Terms.
- Monitoring, Subsequent Verification and Ongoing Compliance
Enablement requirements must continue to be satisfied throughout the commercial relationship. FUERA DEL MOLDE may conduct subsequent verification where there is an objective reason relating to security, legal compliance, changes in information, expansion of roles, claims, fraud prevention, quality, operational capacity or the proper functioning of the Marketplace.
For these purposes, FDM may consider information such as Order fulfillment, availability, cancellations, delays, claims, returns, defects, security incidents, intellectual-property reports, response times, documentation updates and other indicators related to the obligations assumed by the Commercial User. The isolated existence of an unfavorable indicator will not by itself establish a violation; any applicable measure must consider the nature, severity, frequency and context of the situation.
FUERA DEL MOLDE may request updated documents, explanations, traceability evidence, production or quality records, permits, licenses, certifications or other information reasonably necessary to verify continued compliance with the conditions of Enablement.
Where relevant, verification may include documentary, technical or operational reviews related to activities carried out within the Marketplace. Any on-site inspection, access to facilities or review exceeding the platform’s ordinary mechanisms must be justified by a legal obligation, a specific situation or an applicable agreement between the parties.
The Commercial User must cooperate in good faith with such verification and correct within a reasonable period any remediable situations communicated to them. Lack of cooperation may be considered when evaluating measures relating to Enablement where it prevents verification of essential information or management of a material risk.
- Restriction, Suspension and Loss of Enablement
FUERA DEL MOLDE may take measures affecting a Commercial Account, one or more roles, Products, Content, publications, Orders or features where there are reasonable grounds relating to noncompliance, security, fraud, User protection, authority requirements or material risks to Marketplace operations.
Depending on the nature and severity of the situation, measures may include warnings; requests for corrections or additional information; limitation or removal of publications; suspension of new sales or Order intake; restriction of specified roles or categories; review of disbursements directly related to pending verification; temporary suspension of Enablement; or permanent loss of commercial Enablement.
Such measures may be justified by, among other circumstances:
• false, misleading or materially incomplete information, or documents whose authenticity has reasonably been questioned;
• inability to verify identity, legal existence, representation, tax or banking information, or permits essential to the enabled activity;
• commercialization of prohibited, unsafe or counterfeit Products, Services or Content, or items for which the necessary rights or authorizations are not held;
• fraud, impersonation, or manipulation of Orders, payments, reputation systems or Marketplace information;
• serious or repeated noncompliance relating to availability, quality, specifications, deliveries, warranties, claims or Order handling;
• serious or repeated violations of intellectual property, image rights, privacy, the Content and Community Guidelines or other applicable policies;
• unjustified refusal to cooperate with verification, claims or measures necessary to protect Buyers; and
• orders, measures, restrictions or requirements issued by competent authorities.
Any measure adopted will seek to be proportionate and, where possible, be limited to the affected Product, publication, category, role or feature before extending to the entire Commercial Account. However, a single act may justify a severe measure where it is particularly serious, deliberate or fraudulent, poses a significant risk, or makes the Commercial User’s continued participation incompatible with the safety or legality of the Marketplace.
Where reasonably possible and where there is no risk relating to fraud, security, destruction of evidence, harm to third parties, a confidentiality obligation or a need for immediate action, FUERA DEL MOLDE will inform the Commercial User of the measure taken and its general basis. Where the situation can be remedied, FDM may indicate the actions necessary to request review or reinstatement.
The Commercial User may submit information or supporting materials to request review of a measure where they believe an error occurred or the situation that gave rise to the measure has been corrected. Submission of a review request does not imply automatic reinstatement of features and does not prevent preventive measures from remaining in place while the risk that justified them persists.
Suspension or loss of Enablement does not authorize FUERA DEL MOLDE to appropriate balances legitimately belonging to the Commercial User. Any hold, setoff, adjustment or deduction must have an applicable contractual or legal basis and relate to returns, chargebacks, outstanding obligations, fraud, claims, noncompliance or other items duly connected with the affected transactions.
- Voluntary Withdrawal and Termination of the Commercial Relationship
The Commercial User may request withdrawal from commercial activity or termination of their relationship with FUERA DEL MOLDE through the mechanisms enabled on the Marketplace or the available customer-service channels, without prejudice to any specific agreement establishing an additional valid procedure.
Once effective, a withdrawal request will prevent new commercial activities but will not extinguish already confirmed Orders, claims, warranties, returns, refunds, tax obligations, payments, settlements, investigations, intellectual-property proceedings, data-protection duties or other obligations arising before termination or that by their nature must remain in effect.
The Commercial User may not use withdrawal or removal of publications as a means of avoiding obligations already assumed toward Buyers, FUERA DEL MOLDE, other participants or authorities.
FUERA DEL MOLDE may also terminate the commercial relationship as a consequence of loss of Enablement under the preceding Section or in accordance with an applicable specific agreement. Where possible and where no ground requires immediate termination, FDM will seek to take the necessary measures to manage outstanding transactions in an orderly manner.
Deletion or deactivation of a Commercial Account does not necessarily imply immediate deletion of all associated information. FUERA DEL MOLDE may retain data, records, communications and evidence that must be maintained in accordance with the Privacy and Personal Data Processing Policy, legal obligations or legitimate purposes related to transactions, claims, security or the exercise and defense of rights.
- Outstanding Transactions, Settlements and Post-Termination Obligations
Following suspension, withdrawal or termination, the parties must manage already confirmed Orders and other outstanding transactions in the manner that best preserves Buyers’ rights and previously assumed obligations.
Where an Order can still be properly fulfilled, FUERA DEL MOLDE may coordinate its completion with the relevant participants. Where fulfillment is no longer possible, cancellation, refund, authorized substitution or another applicable solution must be managed according to the cause of the case, the general Terms and Conditions and applicable law.
Outstanding balances in favor of the Commercial User will be settled in accordance with the economic conditions applicable to the transactions that generated them. Termination of the relationship will not by itself result in loss of such amounts. FUERA DEL MOLDE may hold, adjust or set off only amounts for which there is a valid contractual or legal basis, while maintaining sufficient traceability of the items applied.
To the extent necessary and consistent with their nature, obligations relating to payments, taxes, billing, confidentiality, personal data protection, intellectual property, licenses necessary to complete Orders or manage claims, warranties, returns, refunds, preservation of evidence, indemnification arising from prior breaches, and any other obligations that must survive termination will remain in effect.
- Amendments to These Terms and Renewed Acceptance
FUERA DEL MOLDE may update these Terms where necessary due to legal, regulatory, technological, operational, commercial or security changes, or due to the evolution of Marketplace roles and features.
Where an amendment is material to the rights or obligations of Commercial Users, FUERA DEL MOLDE will seek to communicate it through the Marketplace, the registered email address or another reasonable channel before it takes effect, unless a rule, authority order or urgent security or compliance situation requires immediate application.
Amendments will apply from the stated effective date and prospectively. Already confirmed Orders will remain subject to the conditions in effect when they were entered into, unless the law requires otherwise or a subsequent amendment is favorable and legally applicable.
Where a material change requires a new manifestation of consent, FUERA DEL MOLDE may condition continued access to specified commercial features on the Commercial User’s express acceptance of the updated version. Failure to accept will not by itself affect rights and obligations arising from transactions already entered into.
Changes to commissions, fees, margins, categories or other economic conditions will also be governed by Section 17 and any applicable specific commercial agreements. FUERA DEL MOLDE may retain prior versions of these Terms for traceability, audit and evidentiary purposes regarding the conditions in effect at any given time.
- Electronic Acceptance, Representations and Preservation of Evidence
The onboarding application must include a mechanism allowing the Applicant to review these Terms and verifiably express acceptance. Acceptance may be provided through unchecked checkboxes, confirmation buttons, electronic signature, digital forms or other electronic mechanisms that reasonably associate the manifestation of consent with the Applicant and the version of the document accepted.
By accepting these Terms, the Applicant represents that they have had the opportunity to review them; that the information and documents provided during the onboarding process are, as applicable, truthful, complete, accurate, up to date and non-misleading; that they have capacity to enter into binding obligations or sufficient authority to represent the relevant legal entity; and that they understand that Enablement is limited to the roles, categories and features expressly approved by FUERA DEL MOLDE.
Acceptance of these Terms binds the Applicant with respect to the representations and obligations related to the onboarding process, but does not by itself mean that the application has been approved. The status of enabled Commercial User will arise only when FUERA DEL MOLDE communicates or activates the corresponding Enablement.
FUERA DEL MOLDE may retain reasonable evidence of acceptance, including date and time, associated account or user, version of the Terms, interaction records and other technical traceability necessary to demonstrate the manifestation of consent and the conditions disclosed.
Contractual acceptance of these Terms does not by itself replace Authorization for the Processing of personal data where the law requires a specific or separate manifestation. Authorizations for commercial communications, advertising, marketing or other optional purposes must remain separate from the mandatory acceptance required to apply for onboarding, where applicable.
- Governing Law, Dispute Resolution, Severability and No Waiver
These Terms are governed by the laws of the Republic of Colombia.
The parties will seek in good faith to resolve disputes related to the onboarding process, Enablement or the commercial relationship through FUERA DEL MOLDE’s customer-service channels and the mechanisms provided for in applicable agreements. Where a specific commercial agreement establishes a valid dispute-resolution mechanism, that mechanism will apply to the matters it governs.
In the absence of an applicable special clause, commercial disputes between FUERA DEL MOLDE and the Commercial User will be heard by the competent authorities of Colombia. Nothing in these Terms limits Buyers’ rights or the jurisdiction and authority of administrative or judicial authorities where a consumer relationship or another matter subject to mandatory rules is involved.
If any provision of these Terms is declared invalid, ineffective or unenforceable by a competent authority, that determination will affect only the relevant provision to the extent necessary, and the remaining provisions will continue in effect to the extent they can operate independently.
Failure or delay by FUERA DEL MOLDE or the Commercial User in exercising a right will not constitute a waiver of that right or prevent its subsequent exercise.
- Effective Date and Contact
These Terms will take effect upon their official publication by FUERA DEL MOLDE unless a later date is expressly stated. The current version will be the version published or made available to the Applicant through FUERA DEL MOLDE’s official channels.
Questions, update requests, communications relating to Enablement or withdrawal requests may be submitted through the features available on the Marketplace, the “Contact Us” section of the Help Center, or by email to [email protected].
For correspondence purposes, FUERA DEL MOLDE maintains the address CL. 152 # 72-03, Tower 4, Bogotá D.C., Colombia, without prejudice to the other channels and addresses stated in the initial identification section of this document.