General Terms & Conditions

These General Terms and Conditions (also “Terms”), together with any particular conditions that may be established, constitute a legally binding agreement that regulates the relations arising between you (also the ” User ”) and “PICTOCLUB S.L.” (Spanish limited company with registration number ESB87302311) as legal owner of the commercial brand AMAZING ART CLUB (hereinafter “PICTOCLUB”) in regards to your use of the Internet website www.amazingartclub.com (hereinafter the” Website”), any related PICTOCLUB application as well as any the services in them provided (altogether “The Services”).

By accessing and using the Services, you expressly accept to have read and understood these General Terms and Conditions and submit to them when using the Services, including the simple navigation through the website property of PICTOCLUB. If you agree to these Terms on behalf of a company, you expressly recognise and accept to have the authority to bind that company to these Terms.

PICTOCLUB reserves, the right to unilaterally change without notice the presentation and configuration of Website. PICTOCLUB may at any time and without notice, amend these Terms by posting such amendments on the Website in order to make them known to Users before they make use of the Services offered by PICTOCLUB.

The Services provided are intended solely for use by individuals who are 18 or older. If you are under 18 the use of these Services is expressly prohibited to you. By accessing and using the Services you warrant that you comply with this essential legal requirement and are 18 or older.

AMAZING ART CLUB is an online platform owned by PICTOCLUB S.L. that facilitates the acquisition of works to collectors from around the world.

 

1. USER REGISTRATION

In order to purchase products through the Services, you must first enrol as a Registered User (also “Member”) in the Website. Once the registration form is filled in with your personal data, you will be given full access the Website by use of a username and password, which will automatically retrieve your personal, billing and shipping details. To register as a Member you will be requested to fill in an electronic registration form in the Website following the instructions in it contained. As part of the process you will be given or you will choose a “Password” to be used during the login process. Passwords are personal and not transferable. PICTOCLUB may, with proper notice, apply changes in the system used to generate usernames and / or passwords. Your password will always remain unknown to PICTOCLUB which has no access to your personal data.

It is your obligation to provide true, accurate and complete information when registering and using the Services. It is also your responsibility to keep that information update. PICTOCLUB reserves the right to cancel membership if the requirement to provide updated, true, accurate and complete information is not respected.

 

2. USER OBLIGATIONS

As User of the Services you agree to comply with these General Terms and Conditions, as well as to meet the special warnings or instructions contained therein or on the Website and to always act according to law, good morality and the requirements of good faith, using the diligence appropriate to the nature of service enjoyed by refraining from using the Website in any way that may impede, damage or impair the normal functioning, property or rights of PICTOCLUB, its suppliers, other users or in general any third party.

Specifically, and without implying any restriction to the obligation assumed by the user in general accordance with the previous paragraph, you agree to: A. to not enter, store or distribute in or from the Website any information or material that is defamatory, libellous, obscene, threatening, racist, incites violence or discrimination based on race, sex, ideology, religion or in any form threatens the way, public order, fundamental rights, public freedoms, honour, privacy or the image of others and general regulations. B. To not enter, store or disseminate through the Website any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is capable of causing damage to the Website, any Services or in any of the equipment, systems or networks of PICTOCLUB, any User of the Website, PICTOCLUB providers or in general any third party, or otherwise be able to cause any disruption or impede the normal functioning of the same. C.To properly safeguard the username and password, as identifiers and keys for access to the purchase of products, agreeing not to transfer their use or to allow access to them by third parties, assuming responsibility for damages could result from improper use of them. D. To immediately inform PICTOCLUB about the loss or theft of the password as well as about any risk of access to the username and / or password by a third party. E. To not make advertising, promotional or commercial exploitation activities through the Website, not using the contents and in particular the information obtained through the Website to send advertising messages for direct marketing purposes or any other commercial purpose or to collect or store personal data of third parties. F. To not use false identities or impersonate others in the use of the Website or in the use or purchase of any Products, including the use of passwords or access codes of third parties or otherwise. G. To not destroy, alter, disable or damage data, information, programs or electronic documents PICTOCLUB, its suppliers or third parties. H. To not enter, store or transmit through the Website any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content that does not hold, in accordance with the law, the right to make it available to third.

 

3. PURCHASES – User’s rights and obligations when purchasing on PICTOCLUB

PICTOCLUB will display in the website of AMAZING ART CLUB (www.amazingartclub.com), details on the specific works such as author, title, reference, size, format, price, availability and delivery, among others.

Any User of the Services may purchase any of the works listed by one of the following means: A. online by filling in the form established for this purpose in the Website; B. By phone: by calling Customer Service +34 679433870 on regular business hours, Monday to Friday from 9.00am to 06.00pm (CET); C. By email: by sending an email to the address [email protected].

At the time of the purchase, a price will be displayed by product, including VAT, together with information on shipping costs, when applicable. Purchases made by natural persons resident in any member country of the European Union are subject to the payment of Value Added Tax (VAT). Purchases made by VAT registered companies from a member country of the EU are VAT exempted. Purchases made by resident individuals or legal persons from countries outside the European Union countries are exempt from VAT.

The website may sometimes offer special promotions or discounts on some or all of the products. Unless expressly stated otherwise, the use of a promotional offer or discount cannot be combined with other promotions, offers or discounts.

PICTOCLUB through the website of AMAZING ART CLUB sells in all countries of the European Union and some countries outside EU as specified on the Website. Depending on the destination, PICTOCLUB collaborates with various transport companies. PICTOCLUB may on occasions offer users the possibility of contracting an express service to reduce delivery times. The cost of an express delivery will be entirely covered by the User.

Import fees outside the European Union

Deliveries to countries outside of the European Union may be subject to import fees such as taxes, customs duties and fees requested by the destination country. For delivery purposes, when import fees are applicable the recipient of a shipment will always be the importer of record in the destination country and is responsible for all Import Fees. Upon request from the buyer, PICTOCLUB may designate a carrier to act as your agent with the relevant customs and tax authorities in the destination country. The agent will help you clear your merchandise, process and remit your actual Import Fees for such item. To obtain details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation.

Confirmation / Cancellation of an Order – Upon reception of a purchase order and verification of the corresponding payment, PICTOCLUB will send the User a delivery note via e-mail confirming the purchase.

PICTOCLUB retains the right to cancel any order if PICTOCLUB determines, in its sole discretion, that the item in the order is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the website. If and order is cancelled, PICTOCLUB will send the User an email confirmation of such cancellation and the User will not be charged for the order.

Payments – Users can pay for their purchases with: 1. Credit Card (VISA, MasterCard, American Express); 2. Debit card; 3. PayPal; 4. Bank transfer to the account PICTOCLUB has opened in Bankia, Madrid, Spain. OTHER METHODS OF PAYMENT ARE NOT ACCEPTED. The amount of the purchase order plus the shipping costs will be charged at the time the order is placed.

Order deliveries – Deliveries are made Monday through Friday. PICTOCLUB undertakes to deliver the product purchased by the user at the address the User provided for this purpose on the order form. Delivery time (unless otherwise agreed by the User and PICTOCLUB), shall not exceed a period of thirty (30) days from the day on which the purchase was confirmed to the User by email. Deliveries to PO Boxes are not accepted. PICTOCLUB has delivery agreements with different transport companies. Deliveries are always kerbside. Upon request and for an additional fee PICTOCLUB offers white glove delivery service which includes door to door delivery, installation and removal of packaging wastes. Upon delivery the Buyer is responsible to verify the state of the delivery.

In the case of damages to the packaging, the Buyer may refuse the delivery by: 1. communicating directly to the delivery company driver that the shipment is rejected; 2. accepting it, but indicating the defect in the delivery order and sending PICTOCLUB via email a copy of the delivery order and photo images of the damaged packaging / item.

Right to Return – For all orders the user buyer disposes of a period of 14 calendar days to notify PICTOCLUB of the request for a return. For this purpose, the Buyer must contact PICTOCLUB customer service at [email protected] indicating a return address.

For a return to be accepted the item returned must be in perfect condition and in its original packaging. The carrier may refuse a collection if these requirements are not met. Once the item is received and the well condition of the returned product is verified, PICTOCLUB shall reimburse the User the payment made at the time of the purchase.

The return guarantee is NOT applicable to trade or company orders, to ‘PICTOCLUB Original’ artworks, to prints, photographs, limited editions or to works custom made according to the exact specifications of format, size and frame decided by each buyer. Return of such items is only accepted in the case that the work received does not conform to the order or arrives damaged. On such circumstances PICTOCLUB accepts returns for exchange or merchandise credit. No refunds are done for these products.

In the case of PICTOCLUB Original Products, the User understands that the products purchased through PICTOCLUB are the result of a handmade and non-mechanized work, and that as a result of manual drafting process the final product may contain variations from the image posted on PICTOCLUB’s website. The variations do not alter the main product’s features nor they decrease the value of the product. Such variations may not constitute cause for return or exchange beyond the limits set by the General Law for the Protection of Consumers and Users of 27 March 2014.

The Buyer agrees that the colours of the products presented in the website may vary depending on the screen in which they are seen. Similarly, the User understands that the final product may have slight differences in shades of colours and intensities between what is shown on a digital display and the final product. Such variations may not constitute cause for return or exchange beyond the limits set by the General Law for the Protection of Consumers and Users, to March 27, 2014.

Claims – PICTOCLUB has complaint forms available to any user, at the registered office of PICTOCLUB located in C / Canillas 15, 28002, Madrid. Spain.

 

4. INTELLECTUAL PROPERTY RIGHTS

Pictoclub Intellectual Property Rights

The Seller acknowledges that the PICTOCLUB name, logo or trademark is the exclusive property of PICTOCLUB, and accepts to only use the PICTOCLUB name, logo or trademark in any promotional material, packaged or in another place, whether on hard or electronic disk format, in accordance with these Conditions or with the prior written consent of PICTOCLUB. The Seller may not bid for the name or brand PICTOCLUB, or any of its variants, or Google or any other search engine.

All the items featured on PICTOCLUB’s site and the site in itself are protected by all intellectual property rights. Images, photographs, texts, designs, illustrations, logos, models, etc are property of PICTOCLUB or PICTOCLUB has expressed permission by their owners to use them. All reproduction, representation, utilization, modification, commercialization, partial or total by whatever procedure or on whatever medium that may be are strictly forbidden, without previous written authorization by PICTOCLUB. PICTOCLUB will take all necessary legal actions against any individuals and/or companies in violation of the above-mentioned property rights.

 

5. INTERRUPTION IN ACCESS TO THE WEBSITE

PICTOCLUB does not guarantee continuous and uninterrupted access to the PICTOCLUB website or website. The operation of the Site may be interfered with by numerous factors beyond the control of PICTOCLUB or by updating or maintenance tasks that PICTOCLUB or the persons designated by PICTOCLUB are performing on the site.

 

6. GENERAL

PICTOCLUB reserves the right to suspend or cancel the Conditions in whole or in part (without liability for PICTOCLUB) if for reasons beyond its control the normal performance of its obligations, including cases of force majeure, fires, floods, lightning, adverse weather conditions, war, revolution, acts of terrorism, interruption of computers or the Internet, labour disputes (either from their own employees or others) or acts of local or central government (including the imposition of legal or regulatory restrictions).

If at any time one or more of these Conditions (or part of one or more of these Conditions) is considered invalid or unenforceable, for any reason under any applicable law, it will be deemed to have been omitted from the Conditions and the validity and / or applicability of the remaining provisions of the Conditions will not be affected or harmed in any way as a result of such omission.

This agreement and any related non-contractual obligation or arising under these Conditions will always be governed by Spanish law, and the parties irrevocably submit to the exclusive jurisdiction of the Spanish courts with respect to any dispute related to or arising therefrom.
.

Safety – PICTOCLUB guarantees the security and confidentiality of payments made by debit or credit cards and their data using a secure server SSL, which activates when their personal data is entered. This server ensures that your data is encrypted to the service centre and so reading and manipulation by third parties are avoided.

Disclaimers and limitations of liability – PICTOCLUB reserves, without notice at any time, the right to temporarily suspend access to the Website and to make changes it deems appropriate in the same, services or information offered, the presentation or location the same and the general conditions. PICTOCLUB is not responsible for the information, services and / or products offered and / or provided by third parties through the Website or content provided by third parties. PICTOCLUB is not responsible for any damages to the software or hardware of the user arising from access to the Website or use of information or applications contained within it.

Communications – For any communication the User can contact PICTOCLUB through these contact details. PICTOCLUB. C / Marcenado1, 28002, Madrid. Spain. Phone: +34 679433870 from Monday to Friday from 9.00 am 18.00. E-mail customer service: [email protected]

Applicable Law and Jurisdiction– Any dispute arising as a result of using the website or purchasing products, shall be governed by Spanish law