TERMS OF USE

INTRODUCTION AND ACCEPTANCE OF TERMS

This Website is operated by:

Pictonico
#601, 6-19 Nishitokaichimachi, Naka-ku, Hiroshima, JAPAN 730-0806

Our business hours are:
Monday to Friday, 9:00-17:00 (Japan time)

Access to and use of this website (hereinafter, the “Website”) and the products and services available through this Website (“Services”) are subject to the following terms, conditions and notices (the “Terms of Service”) as well as to the documents referred to below.

When you access to or use this Website and/or buy via this Website you are agreeing to all of the Terms of service, as may be updated by us from time to time. Therefore please read these Terms of Use carefully because by accessing and ordering a product, you agree to be bound by the Terms of use.

Access to this Website is permitted on a temporary basis and it does not include any possible commercial use of this Website and of its contents, as well as any reproduction, duplication, copy and/or exploitation for any commercial purposes without express written consent of Pictonico. We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

When you visit this Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing.

This Website accepts no responsibility for 3rd party’s websites to which it may link to. Moreover these Terms of use do not regulate the supply of services and/or products performed by third parties that appear on this Website through links, banners or other hypertext links, therefore under no circumstance Pictonico shall be deemed liable for services and/or products directly supplied by such third parties.

PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found at the Privacy Policy page. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

YOUR CONDUCT

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not our Website, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

You must not use the Website for any of the following:

*for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
*to send, use or reuse any material that is (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;
*to cause annoyance, inconvenience or needless anxiety.

Pictonico, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

All content included on the Website, such as text, graphics, logos, button icons and images are the exclusive property of Pictonico, its affiliates or its content suppliers and is protected by international copyright laws as well as by any relevant national law concerning copyright, authors rights and database right laws. The compilation of all content on this website is the exclusive property of Pictonico and its affiliates and is protected by Japan and international copyright and database right laws.

It is therefore understood that all intellectual property rights – including, without limitation, all copyrights, database rights, rights in trademarks (except for what specifically provided hereinafter), rights in designs, rights in know-how and, in case, rights in patents and inventions as well as all other intellectual or industrial property rights – concerning any information, content, materials, data or processes contained in the Website belong to Pictonico, its affiliates and/or its content suppliers. All such intellectual property rights of its affiliates and/or its content suppliers are hereby reserved.

You may not systematically extract and/or re-utilize parts of the contents of the website without Pictonico’s express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without Pictonico’s express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Pictonico’s express written consent.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Pictonico and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and/or services and it is in no way an assertion that such products or services are provided with the endorsement of the respective brand owner.

ORDERS, PRICES AND PAYMENT

By placing an order you are offering to purchase a product from Pictonico, on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Our Website permits you to check any errors before sending your order to us. If your order is accepted we will inform you by email.

(a) Formation of the Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order.

(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

All prices are inclusive of TAX. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

Currently, the prices you see on Pictonico exclude the cost of shipping and import duties. Depending on your delivery address there may be different taxation rules. If you are shipping items from a boutique outside of your territory, you may need to pay import duties upon receipt of your item.

(c) Payment
We accept PayPal payment. Once we have verified your order and payment details and have approved your order for shipment, we will email you again to inform you of this. In the unlikely event that we encounter a problem when processing your order, you will receive an email from us detailing the problem and possibly requesting further information.

We reserve the right not to accept your order in the event, for example, if we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria.

RETURNS AND EXCHANGES POLICY

You can return products you have ordered from us if merchandise is not satisfactory or which does not correspond with its description or which fails to comply with any other item implied.

Products must be returned / exchanged within 7 days in their original condition after this we refuse the right to accept a refund or exchange. Please contact us by [mail_link text=”e-mail”] The products are your responsibility until we receive them here so please use recorded post or drop them back us. We will issue a full refund or exchange (excluding original delivery charge) within 7 days after we receive the products back.

Exchanges will be subject to our stock availability. Exchanged products will only be dispatched after the returned products have been received and a full quality control check has been carried out.

We recommend you to check size chart carefully.

DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Pictonico hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Pictonico’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

INDEMNITY

You agree to indemnify, defend and hold harmless Pictonico, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

VARIATION

Pictonico shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

SEVERABILITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
It is therefore understood that our lack of action in case of your breach of the present conditions, may not be construed in any case as a waiver of our right of action.

GOVERNING LAW AND JURISDICTION

These Terms of Use are to be construed in accordance with the laws of Japan and in the event of any dispute or claim associated with these Terms of Use, that dispute or claim shall be subject to the exclusive jurisdiction of the Japanese courts.

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Pictonico. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Pictonico.

FORCE MAJEURE

If Pictonico is prevented or delayed (directly or indirectly) from making delivery of the Products or any portion of the Products on the agreed date of delivery or from otherwise performing this or any part of this agreement by reason of act(s) of God, war, embargo, riot(s), strike(s), lock-out(s), trade dispute(s), fire(s), break-down, inclement weather, interruption of transport, Government action, neither party hereto shall be under any liability whatsoever to the other party by reason of such event.