Introduction
This Agreement contains the complete terms and conditions that apply to you in joining, selling and all other activities you will make in our website. By using or shopping from this website, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
Use of the Site & Prohibitions
The Site allows you to shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
Payments and Processes of Invoices
Piccoli Online Shop (piccolihorses.com) hereafter referred to as Piccoli or Piccoli Horses has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Piccoli Online Shop prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card or debit card only. Piccoli Online Shop has all the discretion to cancel or deny orders. Piccoli Online Shop is not responsible for pricing, typographical, or other errors in any offer by Piccoli Online Shop and reserves the right to cancel any orders arising from such errors.
Risk of Loss
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Pricing & Descriptions
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
Pre-Orders
A pre-order is an order you can place for an item before it is in stock and available for delivery.
When an order is placed for a pre-order item:
- Your card will be charged once the order has been successfully placed
- This item may either be new and is still not available, or is currently out of stock and we will be receiving at a later time.
- We do not guarantee the shipment/delivery of pre-ordered items on a requested date.
- Once we receive stock of the item, we will then finish getting your order processed for shipping.
When an order contains both available and pre-order items:
- Pre-ordered items will be shipped separately as soon as they become available.
- For international shipments, your entire order will only be shipped once all items are available.
International Shipments - Duty, Customs, Taxes and Foreign Transaction Fees
There may be duty, taxes, and foreign transaction fees imposed on your order that aren't reflected in our prices. Check with your local Customs office and card issuer for those charges. In addition, some countries may charge an additional handling fee for delivery within that country. Piccoli is NOT RESPONSIBLE for any of the duty, customs, taxes and foreign transaction fees.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. VISITING AND SHOPPING AT OUR SITE, FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE, WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Fraud
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected, Piccoli Online Shop shall resort to all remedies available, and you shall be responsible for costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed 1,000 USD or the total price of the subject products paid or payable to you, whichever is less.
We make no express or implied warranties or representations with respect to any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
Confidentiality
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer is proprietary information of Piccoli Online Shop. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Non-waiver
Failure of the Piccoli Online Shop to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the substantive laws of Rhode Island, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Kentucky, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
