Overview
This website is operated by PICKFUN. Throughout the Site, the terms “we”, “us” and “our” refer to PICKFUN. PICKFUN provides this website, including all information, tools and services provided on this website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our website and/or purchasing something from us, you participate in our Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including additional terms and conditions and policies referenced here and/or made available via hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, merchants and/or contributors to content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this Agreement, you must not access the Site or use any of the Services. If these Terms of Service are deemed an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, alter or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes.
Section 1 – Online Store Terms By agreeing to these Terms
of Service, you represent that you are at least the age of majority in your state or province of residence, or you have reached the age of majority in your state or province of residence, and you have consented to us permitting any of your minor dependents to use the Site.
You may not use our Products for any illegal or unauthorized purpose, nor may you use the Services in violation of any laws (including, without limitation, copyright laws) in your jurisdiction.
You may not transmit any worms or viruses or any code of a destructive nature.
Violation or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse to provide services to anyone at any time and for any reason.
You understand that Your Content (excluding credit card information) may be transmitted unencrypted and involve (a) transmission over various networks; and (b) changes made to comply with and adapt to the technical requirements of the connected network or device. Credit card information is always encrypted during transmission over the network.
You agree not to copy, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or any contact person accessing the Services. eWebsite, through which services are provided without our express written permission.
The headings used in this Agreement are included for convenience only and do not limit or otherwise affect these Terms.
Section 3 – Accuracy, completeness and timeliness of information We are not responsible if the information provided on this website is inaccurate, incomplete or up-to-date. The materials on this website are for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the materials on this website is at your own risk.
We reserve the right to modify the content of this website at any time, but we are under no obligation to update any information on our website. You agree that you are responsible for monitoring changes to our website.
Section 4 – Modification of Services and Prices
Prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Services (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or termination of the Services.
Section 5 – Products or Services (if applicable)
Certain products or services may only be available online through the Website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our refund policy.
We have made every effort to display the colors and images of our products as accurately as possible as possible in the store. We cannot guarantee that any colors displayed on your computer monitor will be accurate.
We reserve the right, but have no obligation, to limit the sale of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any product or service we offer. All product descriptions or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Where prohibited, any offer of any product or service on this website is void.
We do not warrant that the quality of any products, services, information or other materials you purchase or obtain will meet your expectations, nor that any errors in the Services will be corrected.
Section 6 – Billing and Account Information
Accuracy We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel the number of purchases per person, per household, or per order. These restrictions may include orders placed by the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number you provided when placing your order. We reserve the right to limit or prohibit orders placed in our sole discretion that appear to have been placed by a dealer, reseller or distributor.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card number and expiration date, so that we can complete your transaction and contact you if needed.
For more details, please review our refund policy.
Section 7 – Optional Tools We may provide you with access to third-party tools that we neither monitor nor control or enter.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind, and without endorsement of any kind. We will not be liable for any liability arising out of or in connection with your use of optional third-party tools.
Any use of the optional tools available through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms of the tools provided by the relevant third-party provider.
In the future, we may also offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – Third Party Links Certain content, products, and services offered
through our Services may include material 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 checking or evaluating content or accuracy, and we do not warrant and do not assume any responsibility or liability for any third-party materials or websites, or any other materials, products or services of third parties.
We will not be liable for any damages or damages related to the purchase or use of goods, services, resources, content, or any other dealings related to any third-party websites. Before entering into any transaction, please carefully read the policies and practices of the third party and ensure that you understand them. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
Section 9 – User Comments, Feedback, and Other Submissions
If you send certain specific Submissions (such as Entries) at our request or you send ideas, suggestions, proposals, plans or other materials, whether online, by email, post or otherwise (collectively, “Comments”), you agree that we may at any time: Edit, reproduce, publish, distribute, without restriction, Translating and otherwise using in any media any comments you forward to us. We are under no obligation to: (1) keep any Comments confidential; (b) compensation for any opinions; or (3) respond to any comments.
We may, but are not obligated to, monitor, edit or remove content that, in our sole discretion, is unlawful, offensive, threatening, defamatory, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.
You agree that your Comments will not infringe any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive or obscene material, nor will they contain any computer viruses or other malware that may in any way affect the operation of the Services or any related websites. You may not use a false email 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 are not responsible for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Personal information you submit through the Store is subject to our Privacy Policy, which can be viewed here.
Section 11 – Errors, Inaccuracies and Omissions Sometimes, The information in our Site or Services may contain typographical errors, inaccuracies or omissions
in descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability that may be related to products. If any information on the Services or any related website is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions and to change or update the information or cancel the order at any time without notice (including after you have submitted your order).
Except as required by law, we have no obligation to update, modify, or clarify the information on the Services or any related websites, including but not limited to pricing information. The failure to apply any specified update or refresh date to the Service or any related website shall not be deemed to indicate that all information on the Service or any related website has been modified or updated.
Section 12 – Prohibited Use
In addition to the other prohibitions set forth in the Terms of Service, you may not use the Site or its content: (a) for any unlawful purpose; (b) instigates others to commit or participate in any unlawful act; (c) violate any international, federal, provincial or state statute, rule, law or local ordinance; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, humiliation, harm, defamation, defamation, debasement, intimidation or discrimination on the basis of sex, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services or any related website, other websites or the Internet; (h) collect or track personal information about others; (i) spam, phishing, drugs, excuses, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) interfere with or circumvent the security features of the Services or any related websites, other websites or the Internet. We reserve the right to terminate your use of the Services or any related website for violation of any prohibited use.
Section 13 – Disclaimer; Limitation of Liability
We do not warrant, represent or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.
We do not guarantee the accuracy or reliability of the results that may be obtained from using the Services.
You agree that we may delete the Services indefinitely from time to time or cancel the Services at any time without notice.
You expressly agree that your use of or inability to use the Service is at your own risk. The Service and all products and services delivered to you through the Service (unless expressly stated by us) are provided to you on an “as is” and “as available” basis without representations, warranties or conditions, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
IN NO EVENT SHALL PICKFUN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR 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, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, tort (including negligence), strict liability or otherwise, arising out of your use of any Services or any products procured by the Services, or any other claim related in any way to your use of the Services or any Products, including, without limitation, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of the Services or any Content (or Products) posted, transmitted, or otherwise made available through the Services, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions shall be limited to the fullest extent permitted by law.
Section 14 – Indemnification
You agree to indemnify, defend and hold harmless PICKFUN and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made by any third party arising out of your breach of these Terms of Service or its documentation, including reasonable attorneys’ fees, incorporated by reference, or your violation of any law or the rights of a third party.
Section 15 – Severability
If any provision of these Terms of Service is determined to be illegal, void, or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, and such decision shall not affect the legality and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION The obligations and liabilities of the parties prior to the date of termination shall survive termination of
this Agreement.
These Terms of Service remain in effect unless 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 by discontinuing use of our website.
We may also terminate this Agreement at any time without notice if, in our sole judgment, you fail or suspect that you have failed to comply with any term or provision of these Terms of Service, and you will be responsible for all amounts due prior to and including the Termination Date; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure 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 or in connection with the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous oral or written agreements, communications and proposals between you and us (including, but not limited to, any prior versions of the Terms of Service).
Nothing ambiguous in the interpretation of these Terms of Service shall be construed to the detriment of the drafters.
SECTION 18 – APPLICABLE LAW
These Terms of Service and any separate agreements under which we provide services to you shall be governed by and construed in accordance with the laws of UK.
Section 19 – Changes 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, in our sole discretion, to update, alter or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for periodically.
Check our website for changes. Your continued use of or access to our Site or Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20 – CONTACT INFORMATION Questions regarding the Terms
of Service should be sent to us via hi@pick-fun.com.
Our contact information is posted as follows:
hi@pick-fun.com