TERMS OF CONDITIONS

 

INTRODUCTION

Welcome to the Pictostone™ website terms and conditions for use ("Terms"). These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Products you agree to be bound by the Terms set out below. If you do not agree to be bound by these terms and conditions, please do not use our Website.

These terms of sale (“agreement”) set forth the terms upon which Pictostone™ . (“Pictostone™ ” or, the “Company”) sells, and you purchase, different versions of the Pictostone™ offered by the company through its website at https://pictostone.com (the “website”) (each, a “product”).  By purchasing a product, you are agreeing to this agreement, which forms a binding agreement between you and the company and includes an arbitration clause under which certain claims may not be brought in court or decided by a jury.  Do not purchase a product if you do not accept this agreement.  The term “you” means both the individual placing the order and the entity on whose behalf such individual is acting, if any. 

Before you place an order, if you have any questions to these terms and conditions, please contact us by email hello@pictostone.com. Every email is very important to us and will be review promptly. You will receive an answer or call within 48hrs.

We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

Pictostone™ may update these Terms from time to time. Your use of this Site after Pictostone™ posts any changes to these Terms constitutes your agreement to those changes. The material provided on this Site is protected by law, including but not limited to United States Copyright Law and relevant international treaties. This Site is controlled and operated by Pictostone™ from its offices within the United States. Pictostone™ makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

1. Orders. Any orders for Products placed through the Website are binding.  All order quantities are firm, and you may not cancel or modify any order, except as set forth in this Agreement.  

2. Pricing and Payment. You agree to pay the price for the particular Product you are purchasing listed on the Website by credit card in accordance with the payment procedures described on the Website.    

2.1 Non-acceptance of an order may be a result of one of the following:

  • - The Product you ordered being unavailable from stock.

  • - Our inability to obtain authorization for your payment.

  • - The identification of a pricing or Product description error.

  • - You not meeting the eligibility to order criteria set out in these Terms.

2.2 If you do require any information regarding orders you have placed with us please contact us at hello@pictostone.com

3. Transfer of Risk and Title; Refunds. Risk in the Product passes to you on Pictostone™'s delivery of the Product to the carrier, and you are responsible for any loss or damage to Products from that point.  Title to the Product passes to you upon Pictostone™’s receipt of payment for the Product.  Pictostone™ may in its discretion offer you a full-refund of the Product if you cancel your order within 48hrs of purchased by contacting Pictostone™ at hello@pictostone.com. 

3.1 Delivery. From receipt of your order and payment in full we aim to deliver within 5 business days, stock permitting. For stock purposes, each item requested constitutes an individual order. We will always attempt to consolidate multiple orders in one shipment. Due to stock and packaging requirements, Products may be shipped over several days and in more than one package. If you require further information, please see contact us at hello@pictostone.com

4. Personal Use Only Restrictions. You shall use the Product only for personal purposes and are not purchasing the Product with the intention to resell the Product in manner whatsoever.  You shall not reverse engineer any Product or use the Product to create a competitive product.  

5. Replacement of Faulty Product. If you believe any Product shipped to you is faulty, contact Pictostone™ at hello@pictostone.com to report the issue and if necessary request a return.  Pictostone™ may, in its discretion, accept returns for goods that are defective or damaged provided that notice of such damage is given to Pictostone™ within 15 days of your receipt of such goods.  No returns will be accepted by Pictostone™ thereafter.  You will comply with Pictostone™ ’s returns procedures when returning products.  Pictostone™ is under no obligation to accept any returns of Products where the defect or fault was caused by you or the defect or fault occurred after shipment by Pictostone™ .   Pictostone™ will ship a replacement Product to you only after receipt of the allegedly faulty Product by Pictostone™ .  

6. Intellectual Property. Pictostone™ and its licensors own all intellectual property rights in the Products.  You shall acquire no interest or rights in Pictostone™ ’s intellectual property by virtue of this Agreement. 

7. Warranty Returns: Products purchased via Pictostone Website can be return to us for a full refund or exchange within 15 days of purchased. Please provide proof of purchase (receipt, email confirmation and or order number). We will process your petition as soon as possible and will contact you to give you notice of your cancellation. You must return the product to us immediately. Shipping product back to us is on you and at your own risk.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Products purchased in any other store other than our Website, follow the site return policy, please visit the site directly for further information.

 8. Limitation of Liability. To the extent permitted by law, in no event will Pictostone™ be liable for any collateral, consequential, indirect, punitive, special, exemplary or incidental damages arising out of or related to this agreement or use of the products, even if Pictostone™ shall have been advised of such potential damages.  

To the extent permitted under law, in no event shall Pictostone™ ’s liability for damages arising in connection with any product exceed the purchase price of the product paid by you.  These limitations will apply whether the liability arises in contract, tort (including negligence), strict liability, under statute or otherwise.  Any legal proceedings against Pictostone™ relating to this Agreement shall be filed within one (1) year after shipment of the applicable Product to you.  Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.

 9. Indemnity. You alone are responsible for the manner in which you use the Product.  You shall defend, indemnify and hold harmless Pictostone™ and its officers, directors, employees and agents (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the Products not expressly in accordance with this Agreement or from any claim or suit made against the Indemnitees as a result of such conflicting use.  

10. Force Majeure. Pictostone™ shall not be liable for any breach of this Agreement to the extent arising from any factor outside Pictostone™ ’s reasonable control. 

11. Entire Agreement. This Agreement represents the entire agreement governing Pictostone™ ’s Product supply relationship with you.  This Agreement incorporates Pictostone™ ’s Privacy Policy, which is available here: Privacy Policy.  Any prior discussions and agreements between you and Pictostone™ and any general purchase conditions or other document issued by you relating to the purchase of Pictostone™ products will not apply, unless Pictostone™ expressly agrees otherwise in writing signed by an authorized representative of Pictostone™ .  You may not assign or transfer this Agreement to any third party.

 

12. Applicable Law and Jurisdiction; Compliance. All disputes arising out of or relating to these Terms and Conditions of Pre-Order and Sale or the Product, shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein.  (For information on the AAA and its rules, see www.adr.org.)  The arbitration shall be conducted in Boston, Massachusetts, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is.  In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court.  The Arbitrator shall have authority to issue any and all remedies authorized by law.  The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of the Commonwealth of Massachusetts without reference to principles of conflicts of laws.  Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO.  Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto.  In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses.  Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction.  The Company does not hereby waive any defense that such jurisdiction may be lacking in your jurisdiction.  Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these terms and conditions, the Website or the Product shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in Boston, Massachusetts, except that, following confirmation of an arbitration award in a state or federal court in Boston,  Massachusetts, a judgment arising therefrom may be executed in any court of competent jurisdiction. 

13. Miscellaneous. If any provision of this Agreement is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable.  The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties.  This Agreement shall not be modified, nor compliance with any provision waived, except in writing signed by both parties.  Pictostone™ ’s failure to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by Pictostone™ of any other provisions of prior, concurrent or subsequent default by Pictostone™ in the performance of or compliance with any of the terms and conditions set forth herein. 

PRIVACY POLICY

Pictostone™ believes strongly in protecting user privacy. Pictostone™ has therefore adopted a Privacy Policy. Users of this Site should refer to Pictostone™ ’s Privacy Policy.

PROPRIETARY RIGHTS

CONTENT

All materials on the Sites other than the Submitted Items (as defined below), including, without limitation, the Pictostone™ logo, design, text, graphics, other files, and the selection and arrangement thereof are the proprietary property of Pictostone™ or its affiliates or licensors. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials on the Sites for informational, non-commercial, personal and internal use only, provided you keep all copyright and other proprietary notices intact. Any other use of such materials, including any commercial use or reproduction for purposes other than described above, or modification, distribution, republication, display, or performance of such materials, without the prior written consent of Pictostone™ is strictly prohibited.

TRADEMARKS AND OTHER INTELLECTUAL PROPERTY

“Pictostone™ ,” and other trademarks on the Sites are trademarks or service marks of Pictostone™ or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of Pictostone™ .  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Pictostone™ , and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Pictostone™ .

Pictostone™ might have patents, trademarks, service marks, copyrights, or other intellectual property rights covering subject matter in the pages of the Sites and any software part of the Sites. Except to the extent we may have granted you licenses to certain intellectual property in this Agreement, our providing you with such web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Pictostone™ , its affiliates, and all of its and their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (a) your use of any of the Sites or Services or any Materials or Submitted Items you provide, including, but not limited to, any claim by a third party that any Materials or Submitted Items you provide infringe or violate such third party’s rights or interests and/or (b) your breach of this Agreement. Pictostone™ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Pictostone™ in asserting any available defenses.

REMOVAL AND DISCLOSURE

We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and/or Submitted Items at any time and for any reason, including, but not limited to Material and Submitted Items that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Sites and Services, and any Material and Submitted Items transmitted by you via or in connection with our Sites, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena), to initiate, render, bill and collect for our products and services, to protect our rights or property, or to protect users of our Sites from fraudulent, abusive, or unlawful use of our Sites and Services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

APPLICABLE LAW

These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law principles to the contrary. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Boston, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.  Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.  For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state and federal courts residing in Boston, Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action, or proceeding arising out of this Agreement. Use of the Sites and Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this Section. 

TERMINATION

Pictostone™ reserves the right, without notice and in its sole discretion at any time, to terminate your license to use any or all of the Sites and Services, to block or prevent future access to and use of any of the Sites and Services, and to remove and discard any Material and Submitted Items.  If you wish to terminate your account, you may do so by contacting us at hello@pictostone.com.  Any fees paid hereunder are non-refundable.  All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

MISCELLANEOUS

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

The Agreement is the entire agreement between you and Pictostone™ with respect to the use of the Sites and Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Pictostone™ with respect to the use of the Sites and Services.  All waivers must be in writing. Pictostone™ shall not be liable for any failure to deliver products or services or otherwise perform its obligations hereunder where such failure results from any cause beyond Pictostone™ ’s reasonable control.  The Agreement is personal to you, and is not assignable, transferable or sub licensable by you except with Pictostone™ 's prior written consent.  Pictostone™ may assign, transfer or delegate any of its rights and obligations hereunder without consent. Any attempted transfer in violation hereof will be void and of no effect. This Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.  No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect.  In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.  Except as otherwise provided herein, all notices under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

CONFIDENTIALITY

All information supplied by you to Pictostone™ during the completion of the registration and subscription forms is subject to the Privacy Policy.