PICA GROUP S.P.A.
TERMS AND CONDITIONS OF USE OF THE GETPICA.COM WEBSITE AND THE GETPICA APP
1. General provisions and preamble
These terms and conditions of use are addressed to users (hereinafter, the “Users”) who navigate: (i) the website getpica.com (hereinafter, the “Website”); (ii) through the application “PICA” (hereinafter, the “Pica APP”) for devices with Android and iOS operating systems, to access the services (hereinafter, the “Services”) offered by Pica Group S.p.A. (“Pica” or the “Company”), as better detailed in the general terms and conditions of sale of the Website and of the Pica APP (available at www.getpica.com) to which reference is made (hereinafter, the “General Terms and Conditions of Sale”). These terms and conditions of use (hereinafter “General Terms and Conditions of Use”) apply exclusively to the products and digital content distributed directly by Pica through the Website and/or the Pica APP to its Users.
2. Registration on the getpica.com Website and the GetPica App
Registration on the Website and the Pica APP allows Users to benefit from a series of Services specifically described, including, in particular, the possibility of creating their own personal account (the “Pica Account”), subject to the provision of their personal data. Registration also allows the purchase of the products made available on the Website and on the Pica APP (the “Products”), provided directly in digital format and without material support.
The Company specifies that the provision of the Services in any case presupposes registration on the Website and/or the Pica APP. In order to open a Pica Account, the User must follow the appropriate procedure indicated through the Website and/or the Pica APP, provide data that is correct, true and related to the User and accept (i) the General Terms and Conditions of Sale, (ii) the General Terms and Conditions of Use.
By registering specifically on the Website and the Pica APP, as well as using the Services, the User declares to have read and expressly accepted both the General Terms and Conditions of Sale and the General Terms and Conditions of Use.
Before registering on the Website and using the related Services, the User is invited to carefully read these General Terms and Conditions of Use and the General Terms and Conditions of Sale.
3. Navigation, signing up and registration
Navigation on the Website and on the Pica APP is free. Users who decide to browse may, from time to time, be asked for specific consents for the processing of their personal data and/or for the use of cookies or similar tracking devices as set out in the cookie policy available at the following address https://policy.getpica.com/it/cookie-policy/.
Creating a Pica Account is free. It can be done by registering on the Website or through the Pica APP.
In order to create a Pica Account, it will be sufficient for the User to fill in the appropriate form by entering the data provided therein, such as, in particular, the User’s email address and a password, and click on the “Register” button.
The data acquired will be collected and processed in compliance with the applicable privacy and data protection legislation and, in any event, in accordance with the personal data protection notice that the User must read at the time of registration and declare that they have read and understood (and, where applicable, optionally also give the required consents).
Registration credentials (email address and password) must be kept with care and diligence. They may only be used by the User and may not under any circumstances be transferred to third parties. The User undertakes to keep them confidential and to ensure that no third party has access to them and also undertakes to immediately inform Pica in the event that they suspect or become aware of misuse or improper disclosure thereof.
The User guarantees that the personal data provided during the procedure of creation and registration of the Pica Account are complete and truthful and agrees to hold Pica harmless and indemnified from any damage, compensation obligation and/or sanction arising from and/or in any way connected to the violation by the User of the rules regarding the registration or preservation of registration credentials.
It is forbidden to use the Services: (i) in such a way as to cause, or be likely to cause, interruptions, damage and/or malfunctions to the Services and its functionalities, or (ii) for purposes not permitted by law, or otherwise to commit illegal activities, or (iii) to cause annoyance, harm or concern to any third party.
Without prejudice to the right to compensation for damages, Pica reserves the right to prevent access to the Website and/or to the Pica APP, to suspend or close an account, to remove or modify the contents of the Website, to prevent the use of the Services and/or the purchase of Products, in the event of violation of the provisions of applicable laws, of these General Terms and Conditions of Use and/or of the General Terms and Conditions of Sale.
4. Intellectual property rights
Any content present and/or made available through the Services, including text, graphics, logos, images, video files, digital downloads, data compilations, software, etc., are the exclusive property of Pica and/or legitimately used by Pica and are protected by intellectual property laws.
Nothing in these General Terms and Conditions of Use constitutes the transfer of any intellectual property right from Pica to the User or to third parties.
It is forbidden to reproduce, in whole or in part, in any form, the Website and/or the Pica APP and its contents, for purposes other than those expressly provided for in the following paragraph, without the express written consent of Pica. With regard to the use of the Website and/or the Pica APP, the User is only authorised to:
(i) view the Website and/or the Pica APP and its contents;
(ii) perform all other temporary reproduction activities unrelated to any personal economic purpose, considered provisional or ancillary, integral and essential for viewing the Website and/or the Pica APP;
(iii) carry out all other navigation operations on the Website and/or the Pica APP that are performed only for their legitimate use.
Pica, as the case may be, is the exclusive owner and/or has the legitimate availability of (i) the registered trademark [getpica.com] as well as the corresponding distinctive signs, (ii) all the intellectual and industrial property rights relating to the Website, the Pica APP, the software and the databases connected to the Website and/or the Pica APP, as well as all the intellectual and industrial property rights relating to the source codes, algorithms, expertise, or software that enable the operation of the Website and/or the Pica APP.
The User, by accepting the General Terms and Conditions of Sale and the General Terms and Conditions of Use, grants Pica a free, indefinite and non-exclusive licence to use, adapt, publish, distribute, reproduce and perform without geographical and/or time limitations and for any purpose, including commercial purposes, digital content and/or any other multimedia material available to Pica, with the right for Pica to grant third parties, in whole or in part, the rights as indicated above.
5. Pica’s responsibility
If, for reasons beyond Pica’s control, access to the Website and/or the Pica APP is interrupted, transmission errors occur, or access to the Services is randomly suspended or restricted in order to allow the performance of repair or maintenance work or the introduction of any new activities or services, the Company shall not be held liable for (i) losses that are not a consequence of the violation of these General Terms and Conditions of Use, or (ii) for any loss of business opportunity, or (iii) any direct and/or indirect losses that are not reasonably foreseeable, or in any case directly attributable to the actions and/or omissions of Pica itself.
This is without prejudice to the provisions of the General Terms and Conditions of Sale.
6. Amendment of these General Terms and Conditions of Use and specifications of use
These General Terms and Conditions of Use may be modified at any time. Pica also reserves the right to modify the Services to offer new Products and/or Services, or to ensure compliance with legal and regulatory provisions.
The User is invited to read, download and keep these General Terms and Conditions of Use indicating at the bottom the date and version of the same when registering on the Website and/or the Pica APP.
Downloading the Pica APP is free and browsing is allowed both for Users who are consumers and for Users who are not consumers.
The User declares to be aware and to accept that: (i) the Pica APP is licensed and not sold; (ii) the User’s use of the Pica APP is at the User’s own responsibility and risk.
7. Privacy Policy
We remind the User to read the Privacy Policy carefully – in order to understand how the Website and/or the Pica APP collects and uses your personal data and for what purposes – which also applies in the event that the User accesses the Website and/or the Pica APP, and uses the relevant services, but does not purchase any products.
8. Contacts and complaints
The User may at any time request information or assistance, send communications, or submit complaints by contacting Pica’s customer service in the following ways:
• by email, at support@getpica.com and by telephone, at +39 0544 188 9362, open from Monday to Friday and Sunday from 9:00 am to 6:00 pm;
• by post, writing to Pica Group SPA, Via XXII Ottobre 15/b – 48015 – Cervia (RA), Italy
Pica will respond to complaints submitted within 7 working days of receiving them.
PICA GROUP S.P.A.
GENERAL TERMS AND CONDITIONS OF SALE VIA GETPICA.COM WEBSITE AND THE GETPICA APP
1. General provisions and preamble
These general terms and conditions (hereinafter also referred to as the “General Terms and Conditions”) concern the use of services as well as the purchase of products with digital content made through this website getpica.com (the “Website”) and/or the “GetPica” application (the “Pica APP”) by the Company (as defined below) for devices with Android and IOS operating systems.
These General Terms and Conditions apply exclusively to the products and digital content marketed directly by Pica through the Website and/or the Pica APP to its Users. Pica is not responsible for the provision of services and/or the sale of products by third parties on the Website or the Pica APP through links, banners or other hyperlinks. Furthermore, Pica does not carry out any control and/or monitoring of the websites that can be consulted via these links and is therefore not responsible for the content of these websites, nor for any errors and/or omissions and/or violations of law on their part.
These General Terms and Conditions apply to users who fall under the definition of “consumers”, pursuant to Legislative Decree no. 205/2006 (the “Consumer Code”), and who intend to use the product purchased exclusively for private use; Pica will therefore not process orders from parties other than consumers.
For the sake of clarity, a consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed either to their commercial activity or to their independent professional activity. The term “professional”, on the other hand, is any natural or legal person or a partnership with legal capacity that, in concluding legal transactions, acts in the performance of their independent professional or commercial activity.
2. Definition and acceptance of the General Terms and Conditions
The company Pica Group S.p.A. (hereinafter the “Company” or “Pica”) a joint-stock company under Italian law, with registered office in Via Dell’Aprica 12 - 20158 Milan, registered with the Chamber of Commerce of Ravenna under number Rea 210088, VAT number 02529950392, email: administration@getpica.com, certified email address: [picagroupspa@legalmail.com], is the owner of the website located at the electronic address: getpica.com (hereinafter the “Website”) and of the Pica APP, available on the Google Play Store or Apple Store.
The Company mainly carries out content sharing activities, through the Website and the Pica APP, of products with digital content consisting of photos and videos (hereinafter the “Products”) distributed by Pica, also on behalf of third parties, to consumer and professional customers (hereinafter the “ Customers” or the “Users”). The Website and/or the Pica APP provide, among others, an online ordering and payment system, subject to the Customer’s acceptance of these General Terms and Conditions.
The offer and sale of the Products through the Website and/or the Pica APP constitute a distance contract governed by Italian Legislative Decree no. 70 of 9 April 2003, containing the regulations on electronic commerce and, for Users who are consumers, Articles 45 et seq. of Italian Legislative Decree no. 206 of 6 September 2005 and subsequent amendments.
All orders placed through the Website and the Pica APP, as well as the related services, are subject to these General Terms and Conditions, which represent the entirety of the commitments existing between the Company and the Customer, unless otherwise agreed.
For everything not expressly governed by these General Terms and Conditions, the provisions of the General Terms and Conditions of Use apply, such as, by way of example and not exhaustively, the provisions on changes to the service, specifications of use of the Pica APP and navigation on the Website. The General Terms and Conditions of Use of the Website therefore form an integral part of the contract concluded between Pica and the User and are considered to have been accepted by the User with the placing of the order. Pica invites the User to regularly consult the General Terms and Conditions of Use.
In general, the purchase of Products is permitted both to Users who are consumers pursuant to Article 3, paragraph 1, letter a of the Consumer Code and to Users who are not consumers. Each order of the Customer implies full acceptance of these General Terms and Conditions, which must however be carefully examined by the Customer, before completing the purchase procedure. The placing of the order (and the consequent payment, where required, at the time of placing the order itself) presuppose full knowledge of the same and their full acceptance. The Company, therefore, does not consider itself bound by different conditions unless previously agreed in writing.
By accepting these General Terms and Conditions, the User declares that they are at least 18 years of age. If the User is under eighteen years of age, acceptance of these General Terms and Conditions by the person exercising parental responsibility for the child shall be required. If the User is under 18 years of age, they will be prevented from continuing the purchase process and placing the relevant order. In any case, if for any reason, the purchase order should still be sent, it shall be immediately terminated pursuant to Article 1456 of the Italian Civil Code, since it is contrary to the General Terms and Conditions and/or the regulations in force. The User will be promptly informed by email of the cancellation of the order and, where payment has already been made, Pica will refund any amount due.
In the case of legal persons, the party adhering to these General Terms and Conditions declares and warrants, under their own responsibility, that they have all the powers necessary for this purpose. In this regard, the User indemnifies and holds Pica harmless from any claim and/or dispute of a third party and its assignees.
3. Conclusion of the contract – Creation of an Account
The subject of the contract is the distribution and sale of Products. Through the Website and/or the Pica APP, the User will have the opportunity to:
1) purchase, against payment of a fee, Products sold directly by Pica, for their own account and interest (“Photo Buy”). In this case, the contractual relationship will be concluded directly with the latter and will be governed by these General Terms and Conditions, as well as any further information provided to the User during the purchase process;
2) purchase, free of charge, Products provided directly by Pica, but on behalf and in the interest of third parties (i.e. event organisers, hereinafter the “Organiser”), (“Photo for free”). In this case, Pica manages, in the name and on behalf of the Organiser, the online purchase of the Products via the Website and/or the Pica APP, at the specific request of the User. The purchase of the Products shall therefore be governed by these General Terms and Conditions, as well as by any further contractual documentation prepared by the Organiser, which, if applicable, will be made available by Pica.
In the latter case, Pica will not carry out any verification of the merits of any such documentation, and therefore declines any responsibility in this regard as of now.
In any case, in order to purchase, whether free of charge or against payment, it is necessary to create and have an account (“Account”), subject to acceptance of these General Terms and Conditions and terms of use of the Website and/or the Pica APP. The Account will allow access, with the same credentials, to the Website and the Pica APP. To create the Account, the User must fill in a registration form by entering some personal identification and contact data (email address, password) or by entering specific codes (code of the event in which the User took part).
With reference to Photo Buy events, the User acknowledges that the code received directly from Pica and/or the Organiser allows, as a unique and personal code (hereinafter, “PicaCode”), direct access to the multimedia material that portrays them at the event in question. Therefore, the User undertakes (i) to make strictly personal use of the PicaCode, and therefore not to transfer it to third parties, as well as to guard it with the required diligence, (ii) to hold Pica harmless and indemnified from any claim, damage, indemnity obligation from or in any way connected to the transfer, theft, or loss of the PicaCode.
The Registered User guarantees that the personal information provided during the registration procedure to the Website and/or the Pica APP are complete and truthful and agrees to hold Pica harmless and indemnified from any claim, damage, compensation obligation and/or sanction arising from or in any way connected to the violation by the User of the rules on registration to the Website or on the preservation of registration credentials.
In accordance with Italian Legislative Decree no. 70 of 9 April 2003 on electronic commerce, Pica informs the User that:
– in order to purchase one or more Products through the Website or the Pica APP, the User must complete an order in electronic format and transmit it to Pica, following the appropriate purchase process in electronic format, following the instructions that will appear during the different stages within these platforms. Acceptance is therefore manifested by following the on-screen instructions for placing the order, through the exact filling in of all the dedicated sections, having first selected the heading “Acceptance of the General Terms and Conditions and Privacy Policy”.
– Before placing the order, the User will view a summary page of the content of the same, with the precise indication of the main information relating to the contract, where applicable (including fees, payment terms, any methods and terms of delivery, etc.). Through the Website or the Pica APP, it will always be possible, before placing the order, to (i) modify the User’s data and/or, where possible, the selected Products, (ii) choose the preferred payment method for the User among those made available on the Website and in the Pica APP;
– Once the order has been acquired, Pica will send the User, at the email address indicated, the confirmation of the order containing: a summary containing, among other things, the information relating to the essential characteristics of the Product purchased, the detailed indication of the price (where applicable), of the means of payment used;
The User acknowledges that they will be identified as the holder of their rights and duties exclusively on the basis of the credentials they have selected when creating their Account, and undertakes to safeguard these credentials with the required diligence and to notify Pica immediately – at support@getpica.com – of any loss of control over them, taking note of the circumstance that, in the absence of such notification and, in any case, until the moment of receipt of the notification made to Pica, they will be responsible for any action and conduct carried out using these credentials. In any event, the User may at any time request the deletion of the Account by sending an email to the following address: privacy@getpica.com or carry out the deletion himself by means of the procedure made available on the Website and/or Pica APP in the user profile section. Please note that the cancellation of the Account will make it impossible to access any active services.
Pica reserves the right to cancel or reject orders from Customers who have violated these General Terms and Conditions and terms of use, or orders for which the payment of the required fees has not been successful. Any further remedies provided for by the applicable reference legislation and/or these General Terms and Conditions remain unaffected.
Pica will keep copies of orders received and acceptances sent for a reasonable period of time, always in compliance with the applicable reference legislation. The aforementioned documentation will be stored on Pica’s servers and will be accessible to personnel who need to consult it in relation to their obligations. The documentation will also be accessible to third parties for the sole purpose of fulfilling the contractual obligations as well as to those entitled to access on the basis of the applicable reference legislation, always in compliance with the regulations for the protection of personal data.
For further liability aspects, please refer to Article 8 below.
4. Fees and payment methods
From the moment of placing the order (and acceptance of the same), the User is obliged to pay, where applicable, the fees indicated on the summary page. Payments for the Products purchased must all be made to Pica, unless expressly stated otherwise.
Where provided, the sale prices of the Products on the Website and on the Pica APP are expressed in the currency corresponding to the country of the event, and are inclusive of VAT, where applicable. In any event, the price to be paid (i) does not include the cost of using the means of distance communication used to send the order nor any commission charged independently by the provider of the payment service used, (ii) includes a commission for using the platform for the purpose of purchasing the Products.
The order acceptance message will contain the summary of the amount to be paid to Pica, as well as the different items that make up the order.
Pica may change the prices at any time, without prior notice; however, the User will be charged the amounts indicated on the Website and on the Pica APP at the time the order is placed, unless the prices indicated are disproportionately incompatible with the normal market price of the Products due to obvious material errors. In addition, in relation to the price of the Product, Pica reserves the right to communicate any errors or variations, before confirming the order. In this case, the Company shall promptly inform the User by means of a specific communication, thus guaranteeing the User the right to cancel the order.
Payment for purchased Products can be made by credit card, debit card, bank transfer or other payment systems also temporarily made available on the Website and/or on the Pica APP. In the event that one of these methods cannot be used in relation to a specific Product, this will be clearly indicated on the Website and/or on the Pica APP, at the latest at the beginning of the purchase process.
Pica uses a secure payment service based on the SSL protocol. The data of the credit/debit card used will be immediately encrypted and transmitted to the payment service provider.
5. Right of withdrawal (cancellation of the purchase and refund)
Users who qualify as consumers without having to provide any reason, within a period of 14 (fourteen) days from the day of purchase by sending an email to support@getpica.com of a declaration prepared (i) on the basis of the model provided for under the Consumer Code, (ii) in any format, provided that it contains the consumer’s declaration of intention to explicitly withdraw from the contract concluded with Pica.
In the event of withdrawal, the consumer must specify in detail the reasons for the request, while Pica will be obliged to make the refund, after verifying the validity of these reasons.
However, Pica informs the consumer that in the event of purchase of a Product (this being digital content) it is possible to decide to download it at the same time as purchasing it, or at a later date. In both cases, the User as a consumer acknowledges and accepts that the start of the download will correspond to the moment of commencement of the execution of the contract, anticipating the expiry of the withdrawal period and consequently forfeiting the corresponding right. If the User does not carry out the download, the right of withdrawal shall apply within 14 (fourteen) calendar days from the date the order was sent.
In any case, before placing the order or before downloading the Product, the User (i) is informed that they will be asked for their consent before downloading (ii) agrees to forfeit this right once the download has started.
If the User does not carry out the download, Pica informs them that the right of withdrawal shall apply within 14 calendar days from the date the order was sent.
6. Methods of delivery of the Products and duration of the contract
The purchase of the Products is instantaneous.
The Products will be made available to the User electronically through the User Account created through the Pica APP or the Website.
Taking into account, therefore, that the delivery of the Products will not be physically completed, delivery costs are excluded.
7. Legal and contractual guarantees
The Company offers a guarantee whose minimum duration depends on the type of product purchased, according to the applicable reference legislation.
All descriptions of the Products, illustrations, representations, details, dimensions, data relating to presentations and any other information available on the Website and/or on the Pica APP must be understood as general illustrations of the products and do not represent in any way a guarantee or a declaration of conformity of the products to the same.
With reference to the Products purchased directly from Pica, consumers will also be entitled to the legal guarantee of conformity provided for in Articles 128 et seq. of the Italian Consumer Code. Nothing in these General Terms and Conditions shall affect the rights guaranteed by law to the consumer.
Pica also undertakes to ensure that the Website and the Pica APP are constantly updated and, pursuant to Article 130 of the Italian Consumer Code, provides the User with periodic free updates. If the User does not install the update provided within a reasonable time, Pica is not responsible for any lack of conformity resulting from the lack of the relevant update.
For anything not provided for in this article, the provisions of the applicable civil reference legislation on the training, validity and effectiveness of contracts and legal guarantees apply, including the consequences of the termination of the contract and the right to compensation for damages.
8. Limitation of liability
Nothing in these General Terms and Conditions excludes or limits the liability of Pica for (a) wilful misconduct; (b) gross negligence.
The User acknowledges and expressly declares that:
• the use of the Website and the Pica APP takes place at its sole discretion and at its own risk;
• the Website and the Pica APP are provided in the version available at that particular time;
• Pica assumes no liability with regard to the use, availability, punctuality, cancellation, failure to deliver, updating, absence of defects and correction, quality and compatibility of the service for a specific use, or compliance with the rules of use of the service by the Users; no advice or information provided by Pica can create guarantees that are not expressly provided for in the General Terms and Conditions;
• Pica does not guarantee the uninterrupted performance of the Website and the Pica APP, nor does it cover any damage suffered by the User’s terminal (or mobile device) or any loss of data subsequent to the download of the Products or, in general, from the use of the Website or the Pica APP.
The User undertakes to indemnify Pica against any damage or claim of third parties resulting from (i) the sending, dissemination, use or transmission of content by the User, (ii) use of the Website and the Pica APP, (iii) the violation of these General Terms and Conditions, or (iv) the violation of the rights of third parties.
The User acknowledges and accepts that, without prejudice to the mandatory legal provisions, Pica cannot be held responsible for:
– Products, defaults, disruptions and/or delays related to causes not attributable to Pica and/or due to circumstances beyond the control of Pica itself and/or caused by force majeure;
– any direct or indirect damage of the User, of data or any other loss that may result (i) from the use or on the contrary from the impossibility of using the Website, the Pica APP, (ii) from the acquisition of goods or from a transaction carried out during the use of the Website, the Pica APP or the Services, (iii) as a result of the unauthorised access to the Website and/or the Pica APP.
In addition, if the User is a consumer, the Products are provided by Pica only for domestic and private use. If the User uses the products for commercial or professional purposes, Pica:
• shall not be liable to the User, whether for contractual or extra-contractual liability (including negligence), breach of legal obligations or otherwise, for any loss of profit or any indirect or consequential loss arising from or in connection with any contract with Pica; and
• Pica’s total liability for all possible losses arising from or in connection with any contract with Pica, whether for contractual or extra-contractual liability (including negligence), breach of legal obligations or otherwise, will be limited to the total sums paid for the Products.
The User also acknowledges and accepts that, in any event, Pica’s liability may not exceed the sums paid by the User to Pica for the purchase of the Products. This is without prejudice to what is otherwise provided for in the legislation in force.
Lastly, Pica shall in no case be liable for the fulfilment of obligations borne by third parties who may offer commercial guarantees in relation to the Products, or for facts or conduct directly attributable to the Organiser, or in the event of unlawful processing of personal data attributable to the latter or to other third parties, attributable in view of their status as autonomous data controllers under Regulation (EU) 2016/679 (the “Regulation”).
9. Intellectual Property
The Pica trademark, all figurative and non-figurative trademarks present on the Website and on the Pica APP, the images, illustrations and logos and any content present on the Website and on the Pica APP (including, without limitation, the terms of use and these General Terms and Conditions) are the exclusive property of Pica and/or of the respective owners of the intellectual property rights thereon.
Reproduction in whole or in part, modification or use of such trademarks, illustrations, images and logos, or any other content of the Pica Website and the Pica APP, for any reason and by any means, without the express written permission of Pica and/or the respective owners of the intellectual property rights thereon is strictly prohibited.
10. Personal Data
Pica acquires and processes the User’s personal data in order to provide its products and services in accordance with these General Terms and Conditions. For information regarding the processing of the User’s personal data, please consult the Privacy Policy of the Pica Website and the Pica APP, available at the following address: https://policy.getpica.com/it/privacy-policy-pica/
In addition, Pica, as owner and operator of the Website and the Pica APP, and in order to allow the Organisers to properly execute their respective relationships with the User, may share with these parties the personal data provided by the User during the creation of the Account and/or entered in the purchase process. In such cases, Pica will act as an external data processor appointed by the Organiser in accordance with the Regulations.
It is understood that in such cases, the Organiser [and other third parties] will process the personal data indicated above as autonomous data controllers on the basis of their own privacy policies. By accepting these General Terms and Conditions, the User declares to have read and understood the privacy documentation provided by the Organiser and/or by third parties from time to time in the context of the purchase procedure.
11. Court of Jurisdiction
These General Terms and Conditions shall be governed by Italian law and for any dispute related to their interpretation, execution or termination of their effectiveness, the court of the User’s residence or domicile, if the User is a consumer and has their residence or domicile in Italy, shall have jurisdiction pursuant to Italian Legislative Decree no. 206/2005. This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the Country in which they usually reside.
In addition, if the User is a consumer residing in the European Union, it is possible to file a complaint to the “Online Platform for the Resolution of Conflicts” developed by the European Commission, in order to settle any dispute arising from the sale of the Products. The online dispute resolution platform can be accessed at https://ec.europa.eu/consumers/odr/.
In any case, whatever the outcome of the procedure for the out-of-court settlement of the dispute, the User’s rights to appeal to the ordinary court shall remain unaffected. For any further information, the User may contact the following address: support@getpica.com
For disputes with Users other than consumers, the Court of Milan shall have exclusive jurisdiction.
12. Amendment of these General and Miscellaneous Terms and Conditions
These General Terms and Conditions may be modified at any time. In particular, they may be modified, in addition to mere formal amendments and to introduce more favourable conditions than those referred to in this text, also upon the occurrence of: (i) technical needs; (ii) any change in the reference legislation; (iii) any changes to the use of the services.
Any changes and/or new conditions will be in force from the time of their publication on the Website or on the Pica APP in the “T&C” section with an indication of the version and the date of the update. Users are, therefore, invited to regularly consult the dedicated section. The User’s right to withdraw from the existing contract (or from these General Terms and Conditions) remains unaffected, in the manner specified.
If one or more provisions of these General Terms and Conditions are declared invalid or ineffective due to a legislative amendment or following a ruling of a competent judicial authority, the other provisions of these General Terms and Conditions shall remain fully valid and effective.
In the event that the User fails to comply with these General Terms and Conditions, failure to exercise the right to take action against the User can never be considered as a waiver of a breach of the commitments undertaken by the User.
Pica may assign, transfer or subcontract its rights and obligations under these General Terms and Conditions to third parties; in this case, Pica shall remain liable for the acts and omissions of subcontractors.
Users may assign or transfer their rights or obligations under these General Terms and Conditions to third parties only in the presence of a written agreement with Pica.
This contract is entered into only between Pica and the Users. Unless otherwise required or permitted by applicable laws, no third party shall have the right to enforce any provision of these General Terms and Conditions.
The User declares to specifically approve the following clauses:
• 8 - Limitation of liability;
• 11 – Jurisdiction and competent court.