TERMS AND CONDITIONS
These general conditions have as their object the purchase of products made remotely by means of a telematic network through the website www.Thepickshouse.com.
this service is managed by Tipografia FB s.n.c., owner of the web space https://Thepickshouse.com, CF/P.Iva 06825140012, with registered office in Via Val della Torre, 273 – Alpignano (TO). Purchase transactions will be governed by the provisions of Legislative Decree no. 185 of 22.5.1999, while the protection of confidentiality (privacy) will be subject to the discipline of Legislative Decree 196/03. These general conditions are valid from 01 – 07 – 2014 and may be updated or modified by Thepickshouse.com at any time, without notice, and will be valid from the date of publication on the website www.Thepickshouse.com . The consumer undertakes and undertakes, whenever there is a change in these general conditions, to read them and, if he considers it appropriate, to print and store them. For online sales contract means the distance contract concluded between a supplier, Thepickshouse.com and a consumer Customer, as part of a distance sales system organized by the supplier, i.e. the legal transaction involving movable goods and / or services, which for this contract uses only the technology of distance communication called the Internet. A consumer is defined as the natural person who buys goods and services.
Unless otherwise specified, Thepickshouse.com owns the copyright and database rights to the service and its content. In particular, you may not publish, distribute, extract, reuse or reproduce such content by any means or in any manner (including photocopying or storing on any media by electronic means) that does not comply with the limited use license as defined in our copyright notice and applicable copyright law.
COPYRIGHT INFRINGEMENT NOTIFICATION
If you believe that copyrights in your work have been infringed through this service, you should contact us for complaints of copyright infringement by writing to info@thepickshouse or Thepickshouse.com You must provide the agent with the information below, which Thepickshouse may forward to the alleged infringer of those rights.
(a) indicate the material in the service that you claim infringes your rights in your work, with sufficient detail to enable us to identify it within the service.
(b) provide your address, telephone number and email address.
(c) Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
(d) provide a statement confirming that (i) the information transmitted is correct and complete and (ii) you are the copyright owner concerned or are authorised to act on the copyright owner’s behalf.
(e) sign the complaint by handwritten or electronic signature. Upon receipt of the complaint, Thepickshouse may suspend the account of the member who is alleged to have infringed such rights.
Thepickshouse.com may in some cases provide links to third party websites. such links are provided for your convenience. access to the linked websites is under your full and exclusive responsibility. Thepickshouse.com does not warrant and is not responsible for the content on other websites or the availability of such other websites and you hereby release Thepickshouse.com from any liability for any damages arising from your use of other websites.
ACCEPTANCE OF THE TERMS OF SALE
The conditions set out in the introduction are an integral and essential part of this contract.
All contracts will be concluded directly through the access by the Customer to the Internet site corresponding to the address www.thepickshouse.com. At this point the Customer can conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
these general conditions of sale must be examined online by the customer, before the completion of the purchase procedure. the forwarding of the order confirmation therefore implies total knowledge of the same and their full acceptance.
the customer, by sending electronic confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his dealings with Thepickshouse.com, the general conditions and payment terms set out below, declaring that he has read and accepted all the information provided by him under the above rules, also noting that Thepickshouse.com is not bound to different conditions unless previously agreed in writing.
any order placed with Thepickshouse.com will result in the customer’s unreserved acceptance of all of these general terms and conditions of sale. therefore, no provision of the customer’s terms and conditions (whether in the general terms and conditions of purchase, order forms, correspondence or any other document received by us) may derogate from them. in the event that the customer decides to cancel an order already accepted by Thepickshouse.com, the amount paid will be retained as partial compensation, without restricting or limiting to Thepickshouse.com the possibility to claim compensation for damages that may have been caused by this order cancellation.
SELLING PRICES AND PURCHASING METHODS
All the sales prices of the products displayed and indicated on the website www.Thepickshouse.com, for which they constitute an offer to the public pursuant to art. 1336 c.c., are inclusive of VAT. The total cost of shipping to the customer’s home is borne by the customer himself. this cost will, in any case, be made known to the customer before confirmation of purchase.
the purchase contract is finalized through the exact compilation and consent to the purchase expressed through the membership given online after registering.
The customer can pay for the goods ordered using the payment methods indicated online at the time of purchase.
thepickshouse.com reserves the right to change its prices at any time and without notice.
Thepickshouse.com will deliver to customers, at the address indicated by the customer, the products selected and ordered, in the manner provided for in the previous article, by courier.
The purchased goods will be delivered within the terms provided by art. 6 D.lgs. 185/1999. No responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or fortuitous circumstances.
The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after this verification, and unless of course the right of withdrawal provided for in point n. 8 the customer must sign the delivery documents.
Upon delivery of the goods, the customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what was ordered. In case of discrepancies, the same must be reported on the accompanying document and confirmed, within seven days by fax or registered letter with return receipt, to Thepickshouse.com. Even if the packaging is intact, the goods must be checked within 7 days of receipt. Any hidden anomalies must be reported in writing by fax or registered letter with return receipt. Any report beyond the above terms will not be taken into consideration. For each declaration, the customer assumes full responsibility for what has been declared.
home delivery, unless otherwise agreed in writing between the parties, will take place on the ground floor and during office hours: from 8.30 a.m. to 1.00 p.m. and from 2.00 p.m. to 5.00 p.m., every day, not holidays, from Monday to Friday.
the customer is required to be available during the hours described in point 7.4, in order to avoid any additional charges for non-delivery by the express courier, charges that otherwise will be charged to the customer.
Thepickshouse.com is not responsible for damages caused by the carrier to the purchased products.
The customer can only purchase products currently in the electronic catalog visible online at (URL) www. Thepickshouse.com. if the request made through an online order exceeds the quantity available for a given item, Thepickshouse.com will accept the purchase limited to what is actually available in its warehouse. it will be the responsibility of Thepickshouse.com Customer Service to inform the customer (at the time and in the manner it deems appropriate) whether or not the products ordered will be available in the future.
Thepickshouse.com shall not be liable for any failure due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract in the agreed time.
thepickshouse.com shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the contract for the causes mentioned above, the consumer being entitled only to a refund of the price paid.
thepickshouse.com is not responsible for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, when paying for the products purchased.
thepickshouse.com, in fact, at no time during the purchase procedure is able to know the buyer’s credit card number which, through a secure connection, is transmitted directly to the bank service provider.
Thepickshouse.com assumes that the photos sent by the Customer for printing are in its full availability, it being understood that in any case Thepickshouse.com will be absolved from any liability arising from improper or unauthorized use of the photos.
Thepickshouse.com will not keep archive of the images sent by the Customer for the request of the Service, the images sent will be kept only for the time necessary for the realization of the printing object of the Service.
GUARANTEES AND ASSISTANCE
The quality of our products is at the top of the market. thepickshouse.com buys directly from manufacturers and/or distributors who have been selected by you for quality and control standards. all our products are covered by warranty for any defect or defect inherent in the product itself, to be reported within 8 days of discovery. we will replace the product at our expense or refund the consumer the amount paid, including shipping costs, in accordance with the provisions of Articles 1519 quater and sexies of the Civil Code.
You are responsible for the photos you upload, share or copy using the Service. you must have a legitimate right to copy and display for each image you upload, share or print. Professional images provided by professional photographers or made available through websites, magazines, books or other resources are protected by copyright and may not be uploaded, shared or copied through the Thepickshouse.com service.
11.1 You agree not to use the Service:
(a) for any purpose not permitted by law;
(b) to upload, post, print, email, transmit or otherwise communicate material that is obscene, offensive, blasphemous, pornographic, illegal, threatening, intimidating, defamatory, harmful or a violation of privacy and is defamatory, libelous, slanderous, vulgar, unlawful or otherwise unlawful;
(c) to upload, publish, request in print, or otherwise communicate any material that you are not authorized to transmit or communicate under contractual agreements or fiduciary relationships or that infringes the copyrights, trademarks, patents or any other intellectual property, property or moral rights of any person, without limitation.
(d) to harm minors in any way; this also includes, without limitation, material that violates child pornography laws, laws on the sexual exploitation of minors and laws prohibiting the representation of minors in acts of a sexual nature;
(e) to forge headers or otherwise manipulate identifiers (IP) in order to disguise the origin of any content transmitted through the Service;
(f) to upload, post or otherwise transmit any material that may damage Thepickshouse.com or the computer systems of any person, including without limitation any material containing viruses, code, worms, data or other files or programs designed to damage or give unauthorized access to the Service and which may cause failure, error, malfunction or damage to the Service;
11.2 you also agree not to tamper with or disrupt (or attempt to tamper with or disrupt) the service or the servers and networks connected to the service or violate the requirements, procedures, policies and rules of the networks connected to the service.
Thepickshouse.com does not systematically monitor the content of members’ accounts and is not required to monitor the content for any reason. you acknowledge that you are solely responsible for all content and materials provided to the Service.
The consumer undertakes and undertakes, once the on-line purchase procedure has been completed, to print and preserve these general conditions, which, however, he will have already viewed and accepted as an obligatory step in the purchase, and this in order to fully meet the condition set out in Articles 3 and 4 of Legislative Decree no. 185/1999.
These general conditions may be updated or modified at any time by Thepickshouse.com, which will communicate them through its website. The consumer undertakes and obliges, whenever there is a modification of these general conditions, to provide for their printing and conservation.
It is strictly forbidden for the purchaser to enter false and/or invented and/or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and the e-mail must be exclusively his real personal data and not of third persons or fictional data.
It is expressly forbidden to make double registrations corresponding to a single person or enter data of third parties. Thepickshouse.com, reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
The Customer relieves Thepickshouse.com, from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, being the Customer itself solely responsible for the correct insertion.
RIGHT OF RECESS
Pursuant to art. 5 of Legislative Decree no. 185 of 22 May 1999, the customer may exercise the right of withdrawal, returning the goods received and obtaining a refund of the price paid.
the consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract without penalty and without specifying the reason within 10 working days from the day of receipt of the goods purchased.
All costs for the return of the products are to be borne by the customer who, directly or by other means, will deliver them to the seller’s domicile; all items must arrive in the same conditions of receipt, provided with the original packaging; it is not allowed to return the goods in any other way.
In order to exercise the right of withdrawal, the customer must, within the term indicated above, send a registered letter with return receipt to the following address: Thepickshouse.com. the communication can also be sent within the same term to the following e-mail address: [email protected], provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours. we will then refund the amounts paid by the customer as soon as possible, and in any case within 30 days from the date of receipt of the above communication, retaining only the amount of shipping costs, which will remain permanently charged to the customer.
thepickshouse.com will accept the returned goods reserving the right to verify that the products have been returned in their original state and with the original packaging; only in this case it will send the amount paid by the consumer for the purchase of the products.
transport costs incurred for the delivery of the product to the customer and for any return to Thepickshouse.com are not refundable.
Returns will not be accepted unless agreed in writing in advance by Thepickshouse.com.
in any case, these returns must be made carriage paid, in their original packaging and accompanied by a return note stating the reason for the return. if the return is due to an order error on the part of the customer, an amount equal to 40% of the invoice total will be retained as a refund of expenses. The amount already paid cannot be refunded and will result in a purchase voucher valid for one year from the date of issue. after this period, no deduction can be applied on subsequent orders. if there has been an error in the processing of the order by Thepickshouse.com and a product other than the one ordered has been delivered to the Customer, the Customer may request a replacement. In this case we will also refund the costs incurred for the return shipment.
by filling in the space provided on the website, you authorize Thepickshouse.com to use your credit card, or other card issued in lieu thereof, and to debit your current account in favor of Thepickshouse.com the total amount shown as the cost of the purchase made “online”. the entire procedure is done through a secure connection directly connected to the bank owner and operator of the online payment service, which Thepickshouse.com can not access.
CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
Thepickshouse.com has the right to terminate the contract by simply notifying the customer, indicating the reason, in which case the customer will only be entitled to a refund of any amount already paid.
The obligations assumed by the customer under Article 13 (Obligations of the buyer), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in Article 6, are essential, so that by express agreement, the failure by the customer, the failure of only one of these obligations will result in the termination of the contract under Article 1456 Civil Code, without the need for judicial decision, without prejudice to the right of Thepickshouse.com, to sue for damages.
Thepickshouse.com has full respect for your privacy. The data, which you transmit to us, will be processed by electronic aids and will only be used by Thepickshouse.com to allow us to handle orders and shipments. In accordance with Legislative Decree 196/03 “Personal Data Protection Code”, all information relating to personal data, orders and payments made is strictly confidential. We assure you that under no circumstances and for no reason will we disclose personal data to third parties outside Thepickshouse.com.
Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the necessary communications; this data is processed electronically in compliance with the laws in force and can only be produced at the request of the judicial authorities or other authorities authorized by law.
personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and will be disclosed exclusively for this purpose.
the interested party enjoys the rights as per art.13 L.675 /1996, that is: to ask for confirmation of the existence of your personal data at Thepickshouse.com’s head office; to know their origin, logic and purpose of their processing; to obtain their updating, rectification and integration; to ask for their cancellation, transformation into anonymous form or blocking in case of unlawful processing; to oppose their processing for legitimate reasons or in case of use of the data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication.
obtaining the cancellation of your personal data is subject to the sending of a written communication by fax or postal mail to the company headquarters.
owner and responsible for the collection and processing of personal data is Thepickshouse.com