GENERAL CONDITIONS AND USE
Legal Notice
In accordance with the law of June 21, 2004, on confidence in the digital economy and the provisions of the Civil Code and the Consumer Code amended by law 2024-449, as well as the regulations in force regarding the protection of personal data, we inform users of this website (as defined below) of the following identification data:
· Website publisher: PKLN France SAS, with its registered office located at 1 bis Rue Véron, 94140 Alfortville (France), registered in the Créteil trade register under number 917742447 (hereinafter "Pikolinos" or "PKLN France SAS").
· Publication director: PKLN France SAS,
· Website host: Salesforce E-commerce
Domain name holder: The ownership of the domain of the site www.pikolinos.com and other web pages with the same address but with generic top-level domains gTLDs and domain names corresponding to country codes or ccTLD (hereinafter, the website, web, site, web page, or www.pikolinos.com) belongs to PIKOSTORE S.L., with its registered office located in Elche (Alicante), Galileo Galilei Street No. 2, registered in the Alicante trade register Volume 2814, Folio 214, Sheet A-85584, under a website transfer agreement with the transferor Pikolinos Intercontinental S.A., N.I.F A53238713, and domiciled in Elche (Alicante), Galileo Galilei Street No. 2, registered in the Alicante trade register Volume 2067, section 8, folio 16, sheet No. 45341.
Holder of the product sales activity: The legal entity responsible for selling the products offered on this website is PKLN FRANCE SAS,
The companies mentioned above are part of the PIKOLINOS group (hereinafter, the "PIKOLINOS GROUP"), which implies that they maintain collaborative and coordinated relationships in managing the website and offering products, but each assumes the responsibilities specific to its activity. For any notification, please contact the following email address: info@pikolinos.com
General Terms of Use
These general terms of use (GTU) govern the use of the website by any user (hereinafter, the "User"), accessible via the main address www.pikolinos.com, as well as through all addresses allowing direct access to certain sections or web pages belonging to the website.
The products offered on the website are footwear, leather goods, accessories, and other clothing complements.
These GTU detail the rules applicable to access and use of the website, as well as the services offered therein (hereinafter, the "Services").
Using the website necessarily implies the unconditional acceptance of the GTU by the User.
These GTU can be consulted at any time on the website and are available at the bottom of the page.
The User can, at any time, consult, download in PDF format, or print the current GTU.
The applicable version of the GTU will be the one in force on the date of the User's navigation on the website.
Purpose of the Website
The website aims to provide commercial information services about the products or services of the Pikolinos company.
Access and navigation on the website are free, although purchasing products involves payment of a price, as well as acceptance of specific conditions.
The services available on the website (hereinafter, the "Services") are offered free of charge.
The general conditions applicable to these services are described in the document titled “General Sales Conditions”.
The list of Services mentioned below is provided for informational purposes only.
The website reserves the right to add or remove features, whether temporarily or permanently, without the User's consent.
The Services offered to Users include, in particular:
· the availability of products referenced on the website;
· the possibility of placing orders to acquire a Product, provided that the User is previously registered as a Registered User;
· participation in various games and contests organized by the website;
· access to certain Services by creating a customer account.
Additional services offered to Users who have created a customer account:
By creating a customer account, the Registered User (as defined later) will be able to make transactions through the website and track and manage their ongoing Orders. They will also have access to the complete history of their Orders in the "Order Tracking" section.
The list of features is provided for informational purposes only. The website reserves the right to add or remove functions, temporarily or permanently, without the need for prior consent from the Registered User.
The website allows the User to register for the Smiling Community Membership program by subscribing to the Pikolinos Newsletter.
The benefits and services offered to the Registered User and to the member of the Smiling Community Membership are detailed in our General Sales Conditions which can be consulted here: https://www.pikolinos.com/purchase-conditions.html
Users
Access and/or use of the website grants any natural person, of legal age according to French legislation, who does so as a User.
Using or accessing the website implies knowledge and full acceptance of these GTU and those that Pikolinos may establish at any time. Consequently, it is the responsibility of every visitor or User to read carefully the GTU in force each time they access the website. If the User does not agree with any or all of the following terms, they must refrain from accessing the website and/or using the contents and/or Services available. In any case, the User, by accessing, accepts the GTU of the contract.
The conditions related to the conclusion of purchases by the User via the website are detailed in our general sales conditions.
The legal and contractual right of withdrawal of the User who carries out a commercial operation via the website, as well as the legal guarantee of conformity and the guarantee against hidden defects are provided and detailed in our general sales conditions.
Use of the Website
Access
The website is accessible at the address: https://www.pikolinos.com
Access to the website is free for any User with Internet access. All costs related to the website, such as hardware, software, and Internet access fees, are exclusively the responsibility of the User.
In this way, any User can freely consult the products referenced on the website.
Certain features, such as placing orders for products or Services, tracking orders, or posting reviews, require the creation of an account and are reserved exclusively for Registered Users holding a customer account. The website provides access to information, Services, or programs or data. Through the website, Users have access to and use various Services and content made available by Pikolinos or by third parties. The User uses the website at their own risk and peril and assumes responsibility. The User agrees to use the website and the contents and/or Services incorporated therein diligently and correctly, for strictly personal, private, and non-commercial purposes. Furthermore, the User, by simply accessing the website, agrees to:
• Not use the website to carry out activities contrary to the law, fundamental rights, morality, accepted good customs, or established public order and for illicit, prohibited purposes or effects contrary to the rights and interests of third parties, including the dissemination or association with websites containing obscene, xenophobic, racist, pornographic content, terrorist propaganda, or infringing human rights, with Pikolinos declining any responsibility that may arise from this.
• Not allow third parties to use, totally or partially, the website or to introduce and/or incorporate as, or in, their own commercial activity the contents and/or services incorporated therein.
• Refrain from using the contents and Services in any way that could damage, disable, overload, or deteriorate the website, or prevent the normal use or enjoyment of it by other Users.
• Not cause damage to the website, nor to the computer systems of its suppliers or third parties.
• Not capture data or content for advertising purposes.
• Periodically review these GTU, or any other applicable condition, by checking the changes that, if applicable, any of them may have undergone.
• Monitor notifications that, if applicable, will be sent to them by Pikolinos, as they may contain important information.
• Not use the website for commercial purposes; for example, by collecting information or content to provide other services that could constitute clear competition for Pikolinos.
• Not modify or attempt to modify the website in any way or perform actions or use means aimed at simulating its appearance or functions.
• Refrain from any action that could lead to the introduction of computer viruses, worms, trojan horses, or any other class of malicious code intended to interrupt, destroy, or limit the functionalities of www.pikolinos.com.
• Not employ reverse engineering techniques and/or decrypt, decompile, or use any other system intended to know the source code of the website of any element subject to copyright, or underlying intellectual property.
• Not damage, disable, overload, or hinder the service (or the network or networks connected to the service), or interfere with the use and enjoyment of web browsing.
• In any case, not perform acts that could infringe the rights or interests of Pikolinos or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyrights, trade secrets...).
Moreover, the use or application of any technical, logical, or technological resource by which Users could benefit, directly or indirectly, with or without profit, from the unauthorized exploitation of the contents and/or services or the website itself is expressly prohibited.
Particular Registration Conditions
The particular registration conditions collected here are subscribed, on the one hand, by Pikolinos, as the holder and responsible for the website and, on the other hand, by any User who accesses the website and completes all the required steps to proceed with their registration and thus create their customer account (hereinafter the "Registered User"), among which is the acceptance of these particular registration conditions. These particular registration conditions will be considered accepted by the Registered User when they have clicked on the corresponding checkbox during their registration process on the website. To complete the registration, it will be necessary to provide certain personal information, as well as a password, which must be duly kept by the Registered User, through a form to be filled out and sent, subject to the acceptance of these particular registration conditions and the privacy policy. The User, by filling out the registration form and becoming a Registered User, agrees to comply with the following obligations:
• Not register by providing false or inaccurate data deliberately or impersonating the identity of third parties.
• Use only the registered account in their name, without using third-party accounts without their prior and express consent.
• Not sell, market, or transfer the account to third parties.
• Be solely responsible for all activities carried out from their account, keeping it updated at all times.
• Ensure the strict confidentiality of their data and access keys, as they assume the damages that may arise from the violation of this confidentiality.
• Be responsible for damages suffered by themselves or by third parties due to non-compliance with these particular registration conditions, or any other applicable condition, such as the general terms of use or the general purchase conditions.
Pikolinos disclaims any responsibility in case of unauthorized access to content resulting from the registration carried out by the Registered User by deliberately providing false or inaccurate data regarding their age. Pikolinos reserves the right to block or delete the account of the Registered User when non-compliance with the conditions set out here, or any other general condition that may be applicable, is of particular or recurring seriousness. At any time, the Registered User may modify their account data or cancel it via the account configuration options on www.pikolinos.com.
Services offered by Pikolinos to the Registered User
We refer to what has already been indicated previously in the section Additional services offered to Users who have created a customer account and the general sales conditions.
Personal Data Protection Policy
The personal data of the User collected in the context of using the services of the website by the User (hereinafter "Personal Data") are subject to automated processing. In this regard, Pikolinos acts as a co-controller of the processing of this Personal Data with the Spanish company Pikostore S.L., whose registered office is located at C/ Galileo Galilei, 2 Industrial Park of Elche, 99134 Alicante (Spain) (hereinafter "Pikostore S.L.").
Pikolinos adopts all necessary measures to ensure the protection and confidentiality of the Personal Data it possesses and/or processes, in accordance with the regulations in force.
Any processing of Personal Data is carried out in compliance with the provisions of the "Informatique et Libertés" law of January 6, 1978, amended in 2018, as well as with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, or the General Data Protection Regulation, relating to the protection of natural persons with regard to the processing of personal data (hereinafter, the "GDPR").
The Personal Data are used for managing the User's account, as well as for tailoring its offers and services to their needs (see previous provisions).
The Personal Data are processed on the basis of the User's consent, granted in accordance with Article 6, paragraph 1, letter a) of the GDPR.
Each Registered User may, at any time, unsubscribe from their account by contacting Pikolinos at the following email address: rgpd@pikolinos.com. Pikolinos will delete this Personal Data three (3) years after the User's last login to their account.
In case of deletion or closure of the Registered User's customer account, their personal data associated with the closed or deleted customer account will be deleted as soon as possible in accordance with Article 17 of the GDPR.
However, the data controller reserves the right to retain certain data for the duration necessary to comply with a legal obligation, to exercise or defend rights in court, or for any purpose justified by Article 17.3 of the GDPR and applicable national texts. Upon expiration of these deadlines, the personal data associated with the closed or deleted account will be permanently deleted. For more information on Pikolinos' privacy policy, please click the link below
Product
On the website, only representative models from the Pikolinos brand collections are displayed (in this particular case, the Pikolinos brand does not refer to the company PKLN SAS but to the registered trademark Pikolinos). Not all models are reflected herein. All products displayed on www.pikolinos.com are not or will not be available in all establishments of its clients or distributors. The availability of models on the website is subject to the availability of each retailer, distributor, or specific point of sale. The style, design, and colors of the products displayed on the website may be changed without notice. Likewise, models may be canceled or withdrawn without notice.
Modifications
Pikolinos reserves the right to make any modifications it deems appropriate to its website without prior notice, allowing Pikolinos to change, remove, or add both the contents and Services provided through it as well as the way in which they are presented or located on its website. In any case, these GTU will remain in force until the publication, if applicable, of the new ones.
Refusal of Access
In any case, Pikolinos reserves the right to refuse or withdraw access to its website and/or the Services offered without prior notice, at its own request or that of a third party, to those who violate the terms of use.
Privacy and Cookies Policy
The collection of personal data via ww.pikolinos.com and their processing by Pikolinos and Pikostore S.L. are governed as mentioned above and through a specific privacy policy to which the User can access via https://www.pikolinos.com/cookies-policy.html. Cookies allow for personalizing and facilitating the User's navigation on the website. Cookies are associated only with an anonymous User and their computer, not providing references to obtain personal data from the User. Pikolinos may use cookies on its website, allowing the User to configure their browser to alert them to the establishment of cookies and to refuse their installation if they are not interested.
Link Policy
Individuals wishing to establish a link between their website and Pikolinos' site must respect the following conditions: The User may not reproduce or imitate totally or partially the content of the website, not allowing the use of ‘framing’ or assembled links such as ‘inline links’ from Pikolinos' site. In case of creating a link, it must be directed to the main page, not allowing the use of ‘deep links’. The webpage on which the link is established must not contain illegal information or content contrary to morality, fundamental rights, good customs, and public order. The provisions regarding unauthorized use of the portal apply. It is also not permitted to establish a link with pages hosting content or providing services contrary to the rights of third parties. No false, inaccurate, or disparaging statements or indications about the website will be made. It will not be stated or implied that Pikolinos, or any of the companies in the Pikolinos group, collaborates or is a partner, or that it has supervised or assumed in any way the contents or services offered or made available on the webpage from which the link is established. In the event that links or hyperlinks to other websites are established on the website, Pikolinos will not exercise any control over these sites and contents, nor approve or review their functions, advertisements, or, in general, the information included in these pages. Therefore, in no case will Pikolinos assume responsibility for the contents or operation of a link belonging to a third-party site, or for the consequences or damages that may result from accessing them, thus not guaranteeing the quality, accessibility, reliability, accuracy, truthfulness, and legality of any type of material or information contained in these sites. The User accessing the links does so at their own risk, assuming the externality of these contents and the impossibility for Pikolinos to guarantee that there are no threats, malware, or viruses, or that they do not contain illegal content or other links that, in turn, lead to websites with one or more of the mentioned characteristics. In no case is there any association between Pikolinos' site and the linked external pages.
Disclaimer
Pikolinos does its best to ensure that the information accessible via the website is accurate and up to date. However, Pikolinos does not guarantee in any way that this information is accurate, complete, and up to date. Subject to the general sales conditions published on the website, Pikolinos will not be considered responsible for any direct or indirect damage, whatever the cause or origin, resulting from the consultation and use of the website when these causes are independent of Pikolinos' will or caused by a case of force majeure. Thus, Pikolinos will not be responsible in case of interruption, impossibility of access, or any damage originating from acts of a third party. The website will be displayed "as is," according to the availability and limitations prevailing at each moment.
For any questions regarding legal guarantees and liability applied to the online sale of products presented on the website by Pikolinos, you should consult our General Sales Conditions available here.
The User is responsible for the use they make of the site and the contents they publish.
Forums and Debates
Pikolinos is not responsible for the statements or opinions that may be expressed in the various permanent forums, in bulletins, or in occasional discussions that may develop within the framework of the website, but will strive at all times to ensure the proper use of these mechanisms or services, and will ensure maximum respect for the dignity of individuals and the freedom of expression protected by applicable legal texts, reserving in any case the right to refuse or delete interventions of illegal content, or that it considers inappropriate without the need for justification or explanation, as soon as it becomes aware of them, although it does not review or submit them to prior analysis. Users of these Services will avoid any false, abusive, obscene, threatening manifestation, or that would infringe in any way the current legislation, and will show respectful treatment towards third parties, participants or not, in the forums or discussions and will comply with the respect of these GTU.
Information
The information, both own and foreign, that appears on the website, is provided without guarantees of any kind regarding its accuracy and its update, although Pikolinos does its best to ensure the greatest accuracy and update of the contents of the website other than those published by Users or third parties. Consequently, Pikolinos is not responsible for any damages that the use of them could cause. Pikolinos is committed to doing everything possible to avoid the existence of illegal content on its website and, in the event that it becomes aware of such content, to delete it or prevent access to it. Nevertheless, the legality of the contents provided cannot be guaranteed based on information provided by third-party suppliers, collaborators, or Users.
Errors
In relation to what is mentioned in the previous paragraph, the published documents may contain technical inconsistencies or unintentional typographical errors, which Pikolinos will correct as soon as possible. Pikolinos appreciates any comments, corrections, or suggestions in this regard, which the user can send to info@pikolinos.com.
Minors
Pikolinos is not responsible for any damages that the use of the Services by minors could cause. Parents and legal representatives may be considered responsible for all acts performed by minors under their care.
Confidentiality
Pikolinos does not guarantee absolute confidentiality when using the website, as it should not be ruled out that unauthorized third parties may become aware of it and the circumstances in which this occurs.
Technical Malfunctions
Pikolinos disclaims any responsibility arising from the malfunction of the website, or any of its Services originating from an accidental circumstance, such as the unavailability of the portal, a case of force majeure, necessary maintenance work, or any other cause not attributable to Pikolinos. Pikolinos disclaims any responsibility arising from any misuse that the User may make of the website, as well as from non-compliance with the obligations or commitments assumed under these GTU, or for a case of force majeure.
Indemnification
If Pikolinos suffers any type of damage, harm, loss, or costs (including attorney and prosecutor fees), due to a breach by the User of these GTU or any other applicable condition, the User may be required to indemnify Pikolinos. The same will apply in the event of claims from third parties against Pikolinos resulting from the User's breaches, in which case the User must indemnify Pikolinos, which may claim from them any fees, costs, damages, or harm arising from their actions.
Industrial and Intellectual Property
This website, including the contents, designs, brands, and services that it integrates, are the property or under the control of Pikolinos, being protected without limitation by the laws of industrial and intellectual property of France, Spain, as well as by the various applicable international treaties.
The present GTU do not imply any transfer, of any nature, of intellectual property rights over any content included or accessible in and/or through the website, particularly all graphics, images, photographs, designs, maps, plans, logos, names, brands, texts, and other documents, including computer programs, databases, and any other material belonging to Pikolinos or third parties.
Pikostore S.L. is the assignee of the domain of the site www.pikolinos.com, and assignee of all analogous intellectual and industrial property rights that may weigh on the website and has validly authorized Pikolinos for the use and exploitation of the website. Likewise, all rights to the contents, services, or elements of its property incorporated into www.pikolinos.com are reserved in favor of Pikolinos or any company integrating the Pikolinos group. The User agrees to respect the intellectual and industrial property rights belonging to Pikolinos, or to any company of the Pikolinos Group. If you detect a violation of intellectual and/or industrial property rights on the website, you can send us an email at info@pikolinos.com.
It is strictly forbidden to use totally or partially the website, including reproduction, distribution, adaptation, modification, retransmission, extraction, publication, or representation, except in cases expressly authorized in writing by Pikolinos or in certain cases of private use and for non-commercial purposes, in accordance with the French Intellectual Property Code or any other applicable regulation.
The use of the website does not confer any ownership or use rights to Users over the brands, logos, distinctive signs, and/or any other element protected by intellectual property rights belonging to Pikolinos or third parties.
The Client agrees not to infringe the trademarks, logos, distinctive signs, and/or elements protected by intellectual property rights belonging to Pikolinos or third parties.
Any unauthorized exploitation of the website, any of the elements it contains, or all or part of its content, is prohibited and will be considered an infringement of intellectual property rights, sanctioned in accordance with the provisions of Articles L.335-2 and following, and L.713-1 and following of the French Intellectual Property Code.
Pikolinos allows, through www.pikolinos.com, to share a photograph in the section "Pikolinos around the world" to show where its subscribers come from. When sharing, in addition to accepting the privacy policy, the User will grant Pikolinos a non-exclusive assignment for reproduction, public communication (making available), and transformation of the photograph for the purpose of publishing it on the website and on the Internet and, in general, authorizing Pikolinos to use the User's image accordingly. The images may not include third parties without their prior consent, as the same conditions would apply. In this case, Pikolinos would be indemnified from any claims.
Termination and Modification of the Website
In principle, the duration of this website is indefinite, Pikolinos reserves the right to modify, suspend, or terminate the provision of its Services or contents, in whole or in part, at any time and without notice to the users thereof. Likewise, the information, presentation, and services offered by the website may be subject to periodic or punctual changes, which may be freely made by Pikolinos without being obliged to communicate them to Users.
Consumer Reviews and Opinions
Pikolinos informs and guarantees that the reviews and opinions of consumers reflected on the website are provided by consumers and Users who have actually purchased a product presented on the website. In this regard, it is informed to consumers and Users that an external provider collects these reviews and opinions from customers of the PIKOLINOS GROUP, facilitating a survey by email to the customer who made a purchase on the website, which is sent in the days following the purchase.
The external provider offers an independent management of real reviews to Pikolinos, collecting customer ratings and certifying the number and rating of reviews.
User Obligations
Without prejudice to other obligations provided in this document, the User agrees, when using the website, to comply with the laws and regulations in force, as well as not to infringe the rights of third parties or public order.
The User has been informed and accepts that the operation of the website requires an Internet connection, and that the quality of access to the website directly depends on this connection, for which they are solely responsible. In this regard, the User declares to know the characteristics and limitations of the Internet, particularly its technical performance, response times for consulting or sending data, and the risks related to the security of communications.
The User agrees to make strictly personal use of the website. Consequently, it is prohibited to assign, grant, or transfer, totally or partially, any of the rights or obligations arising from this document to third parties, by any means.
The User acknowledges that the website constitutes a complementary solution to the means they already use to achieve the same objective, and that this solution does not replace other existing means.
The User must take the necessary measures to keep, by their own means, the information contained in their Customer Account on the website that they deem necessary.
Backup and Interpretation
These GTU constitute an agreement between the User and Pikolinos. If the competent authority declares a provision as illegal, invalid, or unenforceable, it means that it must be interpreted in the manner closest to the original intent of that provision. Nevertheless, such a declaration regarding one or more clauses does not affect the validity of the others. The fact that Pikolinos does not demand strict compliance with any of the terms of these GTU does not constitute or may not be interpreted in any case as a waiver on its part to require in the future.
Language
The language applicable to these GTU is French. If a version in English and/or Spanish is provided, it is merely a courtesy, for the User's convenience. Therefore, the User expressly accepts that these are governed by their French version. In case of contradiction between what is stated in the French version of these GTU and what is stated in the translation(s), the French version will always prevail.
Applicable Law and Jurisdiction
The relationship between Pikolinos and the User will be governed by the applicable French legislation in force, and the parties will attempt to resolve any controversy amicably.
If the controversy could not be resolved amicably, the competent jurisdictions will be the French courts without this provision depriving the User of the competence of any foreign court that may be competent.
If the controversy concerns a Registered User in the context of their contractual relationship with Pikolinos, the provisions relating to Mediation and Jurisdiction of the General Sales Conditions are applicable. These general sales conditions can be consulted on the following page: https://www.pikolinos.com/purchase-conditions.html
[1] The companies making up the PIKOLINOS Group are as follows:
- CARDASI, SA.
- PIKOSTORE, SL.
- PIKOLINOS INTERCONTINENTAL, SA.
- PIES CUADRADOS LEATHER, SL.
- PIKOKAIZEN, SL.
- PIKOLINOS DISEÑO, SL.
- PIKOLSERVICE, SL.
- PKLN FRANCE SAS
