Terms and Conditions
TERMS & CONDITIONS
20.1 Social Competition Rules
20.2 Mobile Service
20.3 Return & Refund Policy
20.6. Shipping & Deliveries
20.7. Contact Information
This Terms & Conditions Policy is last updated on 22 April 2020
- 2. General Conditions
- 3. Accuracy, Completeness and Timeliness of Information
- 4. Modifications to the services and prices
- 5. Products or Services (if applicable)
- 6. Accuracy of Billing and Account information
- 7. Other Applicable Fees and Charges
- 8. Optional Tools
- 9. Third Party Links
- 10. User Comments, Feedback and Other Submissions
- 11. Personal Information and Privacy
- 12. Errors, Inaccuracies and Omissions
- 13. Prohibited Use
- 14. Disclaimer of Warranties, Limitation of Liability
- 15. Indemnification
- 16. Severability
- 17. Termination
- 18. Entire Agreement
- 19. Governing Law
- 20. Other Useful Information
- 20.1 Social Competition Rules
- 20.2 Mobile Service
- 20.3 Return & Refund Policy (also available in Portuguese, French and German)
- 20.4 Copyright and Copyright dispute
- 20.5 Changes to the terms of service
- 20.6 Shipping & Deliveries
- 20.7 Contact Information
- This website is operated by Picola Italian, registered in South Africa as PICOLA ITALIAN LIMITED, PICOLA ITALIAN LTD. Throughout the site, the terms “we”, “us” and “our” refer to Picola Italian. Picola Italian offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
- By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein, on our site, and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
- If you have any questions, comments or concerns regarding these terms of services, please contact us.
- Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- Our store is hosted on Weebly.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- We reserve the right to refuse service to anyone for any reason at any time.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- You agree that you are responsible for all content you contribute in any manner whilst using our site, channels and services (through all your interactions with us). And you warrant us that you have all necessary rights to do so. As such you agree that your content does not (a) infringe or violates anyone’s intellectual property rights, (b) harmful, deceptive, harassing, defamatory, obscene, objectifying or deceptive, (c) violates our security, networks and terms of service, (d) violates any law or regulations, (e) spamming or has any harmful and malicious intent, (f) Uploads or transmits any product sale or service that is not of ours, (g) Intends to reverse engineer our site algorithm to breakdown or copy the source codes for any reason. And you understand that we may refer such behaviour, incidents to relevant authorities by law.
- You agree to provide us with accurate and current registration information and take responsibility for activities for all your interactions with us.
- You agree to provide us with a username that you have full right for, which is not provocative, nor against the law for public viewing, and does not intend to impersonate anyone else.
- You promise to keep your account password confidential and not to share with anyone. And promise not to have more than 1 user account.
- You agree that your use of our website complies with all applicable laws.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- We are not responsible if information made available on this site is not accurate, complete or current.
- The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- Certain products or services may be available exclusively online through the website and some only available in our affiliates or social channels. These products or services may have limited quantities and are subject to our terms and conditions.
- We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. And at times due to our production lines some item colours may slightly vary.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- At times, due to separate and applicable tax jurisdictions, your purchases may be subject to specific sales, custom or value-added taxes, and the shipping time and associated cost may increase accordingly.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- In connection to our services you are responsible for all duties and activities relating to your purchase and use of our service, such as paying (including but not limited to fees for all product, services, and all related taxes and duties and shipping costs), filing, withholding, reporting and fulfilling any other government assessments and fees. At times, we may, in our sole discretion, complete any of the foregoing on your behalf as we see fit. Under no circumstance, any right herein shall be deemed as a waiver of any further rights you are obligated to.
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, improvements, enhancements, proposals, plans, posts, social likes or comments, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree and grant us the license, that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments or ideas that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments or ideas; or (3) to respond to any comments.
- You agree that these granted licenses are completely royalty-free, applicable worldwide, irrevocable, perpetual and sublicense-able.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, against our brand guidelines and image, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. And reserve the right to report these to relevant authorities in our territories.
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service or accessed or contained within our site and channels will be accurate or reliable. And will not be liable for any legality, copyright compliance, or decency of material contained or accessed through our services or through our channels, to the fullest extent allowed by applicable law.
- We do not guarantee and take no responsibility for how you may interpret and use from our content or services.
- We cannot guarantee and are not responsible for identities of any users who you interact with using our services and are not responsible for which users gain access to our service.
- We (Picola Italian and its suppliers, licensors and merchants) make no warranties or representation concerning any recommendations of services or products offered or purchased through the service. All products and services rendered (purchased or offered), whether using or not following these recommendations or suggestions through the services are at your sole risk.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- To the full extent allowed by applicable law, under no case and under no legal theory, shall Picola Italian, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for (a) any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of Goodwill, work stoppage, any similar damages, or computer failure or malfunction, or (b) any similar damages, or by any amount, in the aggregate, in excess of the greater of (1) R200 or (2) the amounts paid by you to Picola Italian in connection to the service in the 12 months period preceding this application claim, or (3) any matter that goes beyond our reasonable control; whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service, site or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- You agree and warrant that you are not located in a country subject to a U.K. and U.S. Government embargo, or that has been designated by the U.K. and U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.K. or U.S. Government list of prohibited or restricted parties or on a list of persons, groups and entities subject to EU financial sanctions;
- Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold Picola Italian and our parent company, subsidiaries, affiliates, partners, officers, directors, shareholders, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, liabilities, demands, damages (actual or consequential), losses and expenses (including attorneys’ fees), arising from or in any way relating to our content, products and services as well as any third-party related interactions due to or arising out of (a) your breach of these Terms of Service or (b) the documents they incorporate by reference, or (c) your violation of any law or the rights of a third-party, or (d) your use of the services (including any action taken by a third party using your account). In such circumstance of such a claim, or suit action, we will attempt to provide notice of the claim to the contact information we have of your account (provided that failure to deliver such notice shall not reduce or eliminate your full indemnification obligation hereunder).
- Your use of our services is at your own sole risk and hereby indemnify us and hold us harmless to the full extent and release us from all liability (including any loss, damage, fees, legality, whatsoever) from you having acquired or not acquired Content through the Services, interactions with other users, or from you using our services or products or from using any of our third-party websites or services. And agree to release us (Picola Italian, and its parent company, subsidiary, affiliates, directors, shareholders, partners, officers, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees) from becoming involved in any disputes whatsoever (including claims and demands for any type of damage, known or unknown, disclosed or undisclosed, suspected or unsuspected).
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- We reserve the right to limit or cancel some these provisions (to the minimum extent if necessary), if we find their application unenforceable or invalid, so that all Terms shall remain in effect, enforceable, relevant and applicable.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party and us.
- You may not assign, transfer or delegate these terms or your rights, or obligations listed here, or your services account in any way (by operation of law or otherwise) without Picola Italian’s prior written consent. We reserve the right to transfer, delegate or assign these terms and our rights and obligations without consent.
- You and Picola Italian agree that these terms are complete and exclusive statement of mutual understanding between you and Picola Italian. And that it supersedes and cancels all previous oral and written agreements, understandings and communications relating to these terms.
- You acknowledge and agree that you are not an agent, joint venture, partner, affiliate or an employee of Picola Italian, and you do not have any authority of any kind to bind Picola Italian in any respect whatsoever.
- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Johannesburg, South Africa without regard to their conflict of law provisions. The courts of London shall have non-exclusive jurisdiction. This means that any disputes in connection with these terms may be submitted to the courts of London in addition to the courts of other EU countries that may have jurisdiction by virtue of law.
20.1 Social Competition Rules
- We sometimes run competitions on our official social pages (Instagram and Facebook) by giving our winners either in-store credit or product giveaways - subject to the promotion.
- To quality for this, our fans need to follow the post entrance rules and sometimes may need to post a selfie in our social pages wearing or showing our product/s after they receive it.
- Depending on the competition type - our social team panel of judges will then pick the best picture/ video (whether funniest or most relevant to our themes). And the winner would then get contacted to receive their prize.
- For picture competitions, the submissions must be in the following themes: Funny, Comedy, Fashion, Trendy, Seasonal, Outdoor, Luxury, Dress Up, Casual, Beach, Pets, Swimming, Travel, Gym, Training, Party, Friends and Family.
- By participating in our contents and competitions you also give us full disclosure and permission to share your key details to our third parties for order fulfilment as well as allow us to announce your winnings on our social channel.
- Please note your posts could be used in our future promotional, product pages or marketing campaigns.
- We only can accept one submission per fan per month - so choose your best pictures wisely.
- You agree that your comments/ posts will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
- You further agree that your comments/ posts will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Please read Section 10 of this policy, User Comments, Feedback and Other Submissions, for more details.
- If you win a product giveaway, you are responsible for covering any relevant local authority, customs fees or governing fees applicable for your territory - as we only cover product and delivery fees.
- For product giveaways, we do not offer any returns, exchanges or refunds for value due to their nature of being a giveaway.
- We reserve the full right to alter, terminate, or post pone our competitions or terms and conditions at all times.
20.2 Mobile Service
- At times we offer Mobile texts and alerts about our products and services, you can sign up for such service if available, provided that you agree and given us your consent and opted-in to receive such notifications and alerts service, including but not limited to recurring marketing messages or texts or product status updates notifications from your purchases.
- You understand that your consent does not mean proof or condition of purchase. And at some location data rates for messages may apply.
- Should you wish to remove or opt-out from such services you can either reply STOP to any of our texts or contact our customer support team.
20.3 Return & Refund Policy
- Your happiness and satisfaction from your purchase of products and services from us is our number one priority. If for any reason, you are not happy with your purchase, or if there are any issues, please contact our customer team.
- Please note, should you have used a promotional code or credit as part of your order or your purchase, we cannot refund or replace your the promotional codes, or these credits.
- You are responsible for all postage, handling or shipping fees relating to your item returns. We are not responsible nor can reimburse, cover, refund or pay for any fees you may have incurred as part of your purchase or returns process, including any government fees, custom fees or taxes or VAT.
- 20.4 Copyright and Copyright dispute
- At Picola Italian we respect the intellectual property of others, and we ask our visitors, users, accounts, re-sellers, members, third party users to do the same. And in accordance with European Copyright Directives and Legislations, and U.S. Digital Millennium Copyright act (the “DMCA”), we have adopted the below policy toward Copyright and Copyright Infringement. As such and in good faith, we uphold and reserve the right to:
- Remove or eliminate access to any material, product or work that we believe is copied illegally, violates laws or infringed material from all our channels (this includes all content whether published or distributed from our users, partners, affiliates, advertisers, merchants, suppliers or any other content providers.
- Discontinue and remove service to and from any repeat infringers as per our no tolerance to copyright infringers
- All our materials, content and services, displayed on our site or through our communication channels, including but not limited to our graphics, videos, illustrations, customer submissions, images, texts, data are all protected by Copyright, and subject to our terms and copyright protected laws. We ask that under no circumstance, no part of our website, or publications may be reproduced, modified, stored in a retrieval system, broadcasted, distributed, displayed, sell, licensed, or transmitted, in any form or by any means, without the prior notice and or permission of us, or in any ways that could violate us and someone else’s rights, nor be otherwise circulated in any form of binding, web, communication media or cover other than in which it is published and without a similar condition being imposed on the subsequent purchaser, third party users, re-sellers and members.
- Should you believe that any content on our site or channels has been copied (in ways/ manners that constitutes the copyright breach) or any violation of your rights, or copies someone’s work that you know (someone whom you are authorize to act on behalf), please send us your Notice of Material and Content Take Down claim along with your proof of copyright to our team.
- Upon the receipt of such notifications, we will review the alleged copyright claims and reserve the right to remove or disable any content that alleged to be infringed, terminate the accounts of repeat alleged infringes or notify the content providers who’s’ work were accused of infringement to comply with Copyright and Dispute Policy..
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service or our Site content for any reason by posting updates and changes to our websites and without Notice. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- We reserve the right to notify you of changes to our service if material and if it could adversely affect you where we see reasonable and at our sole discretion.
20.6. Shipping & Deliveries
- Please note, majority of our products are delivered free of charge with the exception of free item give aways.
- From time to time, we do offer product give aways to our customers as part of our promotions. For this the customers only need to pay for the shipping cost of the item at the checkout.
- We only work with reputable shipping/ delivery carriers for item deliveries - as shipping and deliveries are not part of our core services.
- As such we advise all our customers to make extra sure they have captured the correct shipping/ delivery address/ details at the checkout stage of the purchase.
- We are unable to take any responsibility if your items were sent to the wrong address/ or if the package has been lost/ stolen due to inputting incorrect data at the checkout.
20.7. Contact Information
- Questions about the Terms of Service should be emailed to us using our contact us page.
This Terms & Conditions Policy is last updated on 22 April 2020