Terms and Conditions

Welcome to Pikolinos .com. Pikolinos USA Corp. and/or its affiliates and subsidiaries (“Pikolinos ”) provide website features and products and services to you when you shop at Pikolinos .com, use Pikolinos goods and services, use Pikolinos applications for mobile use, or use software provided by Pikolinos in connection with any of the foregoing (collectively referred to herein as “Services” or “Products” or “Site”). By using the Pikolinos Services and Products and Site, whether it be through an established account or guest account or purchase, you agree on behalf of yourself, and all members of your household and others who use any Service under your account, to the following conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

We offer a wide range of products and services on this site including clothing, shoes, mobile applications, gift cards, and sometimes additional terms and conditions may apply, and you will be subject to the terms and conditions and these Terms of Use for a particular product or service. If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.

This page describes the terms and conditions that govern your use of certain Pikolinos products or Pikolinos Products or Site, including PIKOLINOS.com and mobile applications, offered by The Pikolinos USA Corp. and certain of its subsidiaries ("PIKOLINOS ", “us” or “we”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY PIKOLINOS PRODUCTS OR PIKOLINOS PRODUCTS OR SITE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.

IMPORTANT NOTICE - ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THE TERMS OF SERVICE, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN SECTION 12.1. BELOW. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE READ SECTION 12 OF THIS AGREEMENT FOR FURTHER DETAILS.

For information on how PIKOLINOS collects, uses and shares any personal information, please see https://www.pikolinos.com/us-en/privacy.html. If you reside outside of the European Economic Area, your acceptance of these Terms of Service constitutes your consent to the processing activities described in https://www.pikolinos.com/us-en/cookies-policy.html under the laws of your jurisdiction.

Table of Contents

1. GENERAL RULES AND DEFINITIONS

2. CONTENT ON THE PIKOLINOS PRODUCTS OR SITE.

3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, CONSUMER OR CUSTOMER REVIEWS AND MORE.

4. PROHIBITED USE OF THE PIKOLINOS PRODUCTS OR SITE.

5. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES.

6. REGISTRATION AND SECURITY.

7. FEES AND PAYMENTS.

8. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.

9. SOFTWARE LICENSES.

10. TERMINATION; SURVIVAL.

11. GOVERNING LAW; JURISDICTION.

12. WAIVER OF CLASS ACTIONS; ARBITRATION.

13. MISCELLANEOUS.

14. CALIFORNIA RESIDENTS

15. NO PURCHASE FOR RESALE.

16. PAYMENTS AND SHIPPING17. PAYMENT.

18. REFUNDS AND RETURNS19. PROFESSIONAL MECHANISMS

1. GENERAL RULES AND DEFINITIONS

1.1 If you choose to use certain PIKOLINOS products or Pikolinos Products or Site displaying or otherwise governed by these Terms of Service, including PIKOLINOS imes.com (the “Site”), PIKOLINOS ’s mobile sites and applications, any of the features of the Site, including but not limited to RSS feeds, APIs, and Software (as defined below) and other downloads, and PIKOLINOS ’s Home Delivery service (collectively, the "Pikolinos Products or Site"), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and PIKOLINOS .

1.2 We may change, add or remove portions of these Terms of Service at any time by notifying you of the change in writing (including by email or by updating the date above after “Last Updated On”). Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site.

1.3 IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY (i) CANCEL YOUR ACCOUNT (SEE Section 10 REGARDING TERMINATION OF SERVICE) AND/OR (ii) DISCONTINUE YOUR USE OF THE PIKOLINOS PRODUCTS OR SITE. YOUR CONTINUED USE OF THE PIKOLINOS PRODUCTS OR SITE NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.

1.4 We may change, suspend or discontinue any aspect of the Pikolinos Products or Site at any time, including the availability of any Pikolinos Products or Site feature, database, or content. We may also impose limits on certain features and Pikolinos Products or Site or restrict your access to parts or all of the Pikolinos Products or Site without notice or liability.

1.5 Being exposed to advertising is a condition of accessing the Pikolinos Products or Site.

2. CONTENT ON THE PIKOLINOS PRODUCTS OR SITE

2.1 The contents of the Pikolinos Products or Site, including the Site, are intended for your personal, noncommercial use. All materials published or available on the Pikolinos Products or Site (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the "Content") are protected by copyright, and owned or controlled by The Pikolinos Company or the party credited as the provider of the Content. The Pikolinos Company also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

2.2 The Pikolinos Products or Site and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Pikolinos Products or Site (including Software) in whole or in part.

2.3 You may download or copy the Content and other downloadable items displayed on the Pikolinos Products or Site for your personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Pikolinos USA Corp., or the copyright holder identified in the copyright notice contained in the Content.

3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, CONSUMER OR CUSTOMER REVIEWS AND MORE

3.1 If you upload, post or submit any content on the PIKOLINOS Site or in relation to the Pikolinos site, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, distribute or otherwise publish onto the Pikolinos Products or Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, distribute or otherwise publish on to the Pikolinos Products or Site any malware, viruses, spyware, or other malicious software or files to the Pikolinos Products or Site. You shall not use automated means to upload to, distribute or otherwise publish onto the Pikolinos Products or Site any content.

Be courteous. You agree that you will not threaten or verbally abuse other customers, Pikolinos staff, members of the general public or other individuals or entities, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."

Use respectful language. Like any community, the online conversation flourishes only when our members, customers and consumers feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Pikolinos Products or Site.

Debate, but don't attack. In a community full of opinions and preferences, people always disagree. PIKOLINOS encourages active discussions and welcomes heated debate on the Pikolinos Products or Site, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.

3.2 The Pikolinos Products or Site shall be used only in a noncommercial manner. You shall not, without the express approval of PIKOLINOS , distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or Pikolinos Products or Site. You may not use all or part of the Pikolinos Products or Site to collect, store, or use any user information for any purpose not expressly permitted by these Terms of Service.

3.3 You acknowledge that any submissions you make to the Pikolinos Products or Site (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by PIKOLINOS and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Pikolinos Products or Site may also be included in our RSS feeds and APIs and made available for republishing through other formats.

3.4 You grant PIKOLINOS a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for PIKOLINOS , or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Pikolinos Products or Site or any other website owned by PIKOLINOS , including any Submission posted on or to the Pikolinos Products or Site through a third party.

3.5 You are solely responsible for the content of your Submissions. However, while PIKOLINOS does not and cannot review every Submission and is not responsible for the content of these messages, PIKOLINOS reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise illegal, offensive by legal standards, or unacceptable.

3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Pikolinos Products or Site and for related online and offline promotional uses.

4. PROHIBITED USE OF THE PIKOLINOS PRODUCTS OR SITE

You may not access or use, or attempt to access or use, the Pikolinos Products or Site to take any action that could harm us or a third party. You may not use the Pikolinos Products or Site in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Pikolinos Products or Site, or any content thereof, or make any unauthorized use thereof. Without PIKOLINOS ’s prior written consent, you shall not:

(i) access any part of the Pikolinos Products or Site, Content, data or information you do not have permission or authorization to access or for which PIKOLINOS has revoked your access;

(ii) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Pikolinos Products or Site, or otherwise access or collect the Content, data or information from the Pikolinos Products or Site using automated means;

(iii) use Pikolinos Products or Site, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Pikolinos Products or Site in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Pikolinos Products or Site;

(iv) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);

(v) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and

(vi) do anything that could disable, damage or change the functioning or appearance of the Pikolinos Products or Site, including the presentation of advertising.

Engaging in a prohibited use of the Pikolinos Products or Site may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

5. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES

5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) that you are at least thirteen years old if you are in the USA and the UK, and sixteen years old anywhere else; and (c) if you are under eighteen years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Service. You hereby indemnify, defend and hold harmless PIKOLINOS and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants; or (ii) your gross negligence or willful misconduct. You shall cooperate as fully as reasonably required in the defense of any such claim. PIKOLINOS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE PIKOLINOS PRODUCTS OR SITE AND ALL SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE PIKOLINOS PRODUCTS OR SITE ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, PIKOLINOS DOES NOT WARRANT THAT THE PIKOLINOS PRODUCTS OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE PIKOLINOS PRODUCTS OR SITE. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE PIKOLINOS PRODUCTS OR SITE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL.

5.3 IN NO EVENT WILL PIKOLINOS , ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS ("PIKOLINOS PARTIES") BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE PIKOLINOS PRODUCTS OR SITE, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE "EXCLUDED DAMAGES"). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PIKOLINOS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PIKOLINOS PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

6. REGISTRATION AND SECURITY

6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also may be requested to provide certain registration information, which must be accurate and updated.

Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Pikolinos Products or Site if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of PIKOLINOS . You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person's authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.

You consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

6.2 Please notify Pikolinos of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

6.3 You must be 16 years or older to use any part of the Pikolinos Products or Site in the USA and the UK, and 16 years or older anywhere else. If you are less than 18 years of age and would like to use, create an account, subscribe or register to any part of the Pikolinos Products or Site, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Pikolinos Products or Site or ask them to complete the purchase and/or registration on your behalf.

6.4 You are responsible for all usage or activity on your account with PIKOLINOS , including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.

6.5 If your access to any Service has been provided by or through a third party (for example, your employer or an educational institution at which you are a student) (each, a “Client”), the Client may have provided us with information about you to enable us to provide you with access to the Pikolinos Products or Site and distinguish you from other subscribers (such as your IP address, email address or name).

7. FEES AND PAYMENTS

7.1. We reserve the right at any time to charge fees for access to portions of the Pikolinos Products or Site or the Pikolinos Products or Site as a whole. In no event, however, will you be charged for access to the Pikolinos Products or Site unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Pikolinos Products or Site that are now free, we will give you advance notice of such fees. You may cancel your

account at any time by contacting Customer Care regarding termination of service). All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period for any purchases in which such fees and charges are incurred, including, but not limited to charges for any purchases products or Pikolinos Products or Site offered for sale through the Pikolinos Products or Site by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Pikolinos Products or Site through your account. Please see our customer service policy for refunds and exchanges.

8. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.

8.1 The Pikolinos Products or Site contain links to third-party websites, resources, and advertisers (collectively, “Linked Content”). PIKOLINOS does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site.

9. SOFTWARE LICENSES

9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Pikolinos Products or Site ("Software"). You may not sublicense, assign or transfer any licenses granted by PIKOLINOS , and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such Software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.

10. TERMINATION; SURVIVAL

10.1 You may terminate your account at any time by calling Customer Care at 1-877-745-4872 or e-mail Customer Care at pikolinosus@pikolinos.com . Termination of paid digital products will be governed by our Cancellation and Refund Policy

10.2 PIKOLINOS may, in its sole discretion, terminate or suspend your access to all or part of the Pikolinos Products or Site for any reason, including, without limitation, breach or assignment of these Terms of Service.

10.3 The provisions of these Terms of Service shall survive the termination of your account or access to all or part of the Pikolinos Products or Site.

11. GOVERNING LAW; JURISDICTION

11.1 These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of New York as an agreement wholly performed therein without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).

11.2 Any claim or cause of action arising out of or related to use of the Pikolinos Products or Site or these Terms of Pikolinos Products or Site must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

12. WAIVER OF CLASS ACTIONS; ARBITRATION

12.1 Binding Arbitration. You and PIKOLINOS acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, you and PIKOLINOS agree that, except for i) statutory or common law claims related to intellectual property, and ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to the Terms of Service, the Terms of Sale, your relationship to PIKOLINOS as a purchase or a customer, or your use of any of PIKOLINOS ’s Pikolinos Products or Site, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

12.2 WAIVER OF CLASS ACTIONS. YOU AND PIKOLINOS AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.

12.3. Conduct of Arbitration; Governing Rules. Arbitrations for any disputes between us relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision–including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision–are for the court to decide. As stated in section 11.1, New York law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide individualized written notice of the potential claim to the opposing party setting forth (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 30 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide notice of a claim to PIKOLINOS , write to juridico@pikolinos.com (insert email address) or The Pikolinos Company, Attn: Legal Department.

Unless you and PIKOLINOS agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.

Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of New York in the State of New York. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.

12.4 For all litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of New York in the State of New York.

12.5 All provisions of this Dispute Resolution – Arbitration and Waiver of Class Actions Section shall survive termination of these Terms of Service and the Terms of Sale, your relationship with us, and/or your account or profile.

13. MISCELLANEOUS

13.1 These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New York City.

13.2 Nothing in these Terms of Service will serve to preempt the promises made in https://www.pikolinos.com/us-en/privacy.html

13.3 Correspondence should be sent to Beacon Industrial Park #5 located at 11013 NW 30*th* Street, #100, Miami, FL 33122, United States.

13.4 You agree to report any violations of the Terms of Service to PIKOLINOS as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in a Service, please notify Juridico@pikolinos.com (Please direct all general questions to pikolinosusa@pikolinos.com).

13.5 Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.

13.6 If a provision of these Terms of Service is held invalid or unenforceable for any reason, that provision will be deemed severable and shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties. The validity and enforceability of any remaining provisions will not be affected and such provisions shall remain in full force and effect.

13.7 If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information in writing to PIKOLINOS 's Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail). Please be advised that to be effective, the Notice must include ALL of the following:

a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site
your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content or materials you uploaded, posted, or submitted to the PIKOLINOS Service, that were subsequently removed from the PIKOLINOS Service, or to which access was disabled, improperly removed or disabled, please provide the following Counter-Notification to PIKOLINOS 's Copyright Agent (see 17 U.S.C. § 512(g) for further detail):

· your physical or electronic signature.

· a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

· a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

· your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Notices of claimed copyright infringement should be directed to:

email: Juridico@pikolinos.com

14. CALIFORNIA RESIDENTS

If you are a California resident, under California Civil Code Section 1789.3, you may contact us via e-mail to pikolinosusa@pikolinos.com or by phone at 1(877)-745-4872 in order to resolve a complaint regarding the Pikolinos Products or Site or to receive further information regarding use of the Pikolinos Products or Site. You may also contact the Complaint Assistance Unit of the Division of Consumer Pikolinos Products or Site of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Our Privacy Policy is a part of this Agreement. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

Please note that it is our policy to comply with all facially valid subpoenas, court orders or binding orders issued to us by law enforcement agencies and other government authorities. This may affect your access to your account and our services to you. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable law, the guidance or direction of any regulatory authority or government authority, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.

In the State of California, The Safe Drinking Water and Toxic Enforcement Act of 1986, also known as “Prop 65”, remains in effect. Prop 65 applies to any company/business operating in the State of California, selling or offering products in that state, or manufacturing products that could be imported and sold to end consumers in the State of California.

Prop 65 requires that end consumers be warned of the possibility that the products of our brand being sold in California may contain any of the more than 700 substances and/or elements on the list compiled by the California Air Resources Board, which they consider potentially harmful to people’s health.

PIKOLINOS is a brand that is firmly committed to the health and wellbeing of its customers and the environment, and we can show that we comply with European Commission Regulation 1907/2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), which is the EU binding legislative act on this issue.

For more information and a list of products on the Prop 65 list, check out Proposition 65 Warnings Website - Your right to know (ca.gov) and Proposition 65 Warnings Website - Chemicals (ca.gov).

15. NO PURCHASE FOR RESALE.

This site is intended for the sale of products from Pikolinos directly to the customer or consumer. If Pikolinos believes that you are involved in a purchase for resale it reserves the right to take any action against you, including without limitations, restricting sales, purchases, cancelling sales or purchases, or other commercial activity allowed on this site as well as suspension or termination of the customer’s account.

16. PAYMENTS AND SHIPPING

Prices. The prices displayed for Products available for purchase via the Site represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Site are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.

17. PAYMENT.

By submitting an order through the Site, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Site.

A. Forms of Payment: Visa, Mastercard and American Express.

Payment arrangements can be made through the following sites.

Paypal through Ayden. Ayden’s disclosure policy can be viewed at Responsible disclosure - Adyen; the link for their privacy policy can be viewed at Privacy Statement - Adyen; link for their cookies policy which can be found at Cookie policy - Adyen

PayPal

Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

Klarna Their privacy policy can be viewed at Privacy (klarna.com); and Your California Privacy Choices (klarna.com);.

18. REFUNDS AND RETURNS

First, if you have a need to consider refunds and returns, you likely ordered a product from us. Which means we owe you a "thank you!" Nothing makes us happier than a legion of happy Pikolinos customers, and as such we promise to do our very best to deliver an amazing product and customer experience, and rest assured, to make right any hiccups along the way. That said, here are some things you might want to know...

• The legal warranty under the provisions of the Codified Text of the General Law on the Protection of Consumers and Users is applicable.

• All our products have a two-year warranty from their date of purchase against any manufacturing defect certified by our Quality Department. Our product warranty does not cover any damage caused by improper use. In addition Pikolinos will not accept complaints concerning products previously handled or repaired by the customer.

• If you want to return your product: https://www.pikolinos.com/us-en/faqs.html?tipo=2

• Risk of loss and title for Products purchased from Pikolinos pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. That said, we’ll do our best to assist you where we are able.

19. PROFESSIONAL MECHANISMS

Offer Codes. From time to time, Pikolinos may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on , while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Pikolinos in its sole discretion. Only valid offer codes provided or promoted by Pikolinos will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Pikolinos (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by Pikolinos is non-transferable and valid for single use on an item (or items) of merchandise as determined by Pikolinos. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes.

For online purchases, the code must be entered in the ‘offer code’ field at checkout. Pikolinos is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

Spokespeople. From time to time, Pikolinos may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as a television or radio show host, please note that such individuals may have been compensated by Pikolinos for their statements.