PickArt
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Terms of Use

Effective Date: May 12, 2025

Last Updated: May 12, 2025

Welcome to Pickart AG (“Pickart,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our website located at www.pickart.com (the “Site”), including any content, features, services, applications, or products offered (collectively, the “Service”).

Please read these Terms carefully before using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you may not access or use the Service.

1. Eligibility

To use our Service, you must be at least 16 years old (or older if required by your country of residence). By using the Service, you represent and warrant that you meet this requirement.

2. Account Registration

To access certain features, you may be required to create an account. By creating an account, you agree to provide accurate, current, and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. We reserve the right to suspend or terminate your account at our discretion if we believe you are violating these Terms or applicable law.

3. Acceptable Use

You agree to use the Service in compliance with all applicable laws and regulations. You further agree not to:

  • Use the Service for unlawful, abusive, or fraudulent purposes;
  • Infringe upon any intellectual property rights or other rights of third parties;
  • Engage in any activity that could disrupt, damage, or interfere with the normal operation of the Service, including introducing viruses, malware, or harmful code;
  • Use automated systems (such as bots, scrapers, etc.) without our prior written consent;
  • Engage in any other activity that could harm the Service or other users.

4. Purchase of Artwork via Platform

Our Service allows customers to view and purchase artwork through our platform, subject to the terms and conditions outlined herein. Artwork is available for purchase only after the customer has viewed it in person at one of our partnered locations (such as hotels or galleries).

4.1. Purchase Process

To purchase artwork, customers must scan the unique QR code associated with the artwork at the location. The QR code will direct you to the Service, where you may complete the purchase process. The purchase is subject to availability and confirmation by Pickart.

4.2. Payment

All purchases are processed through a secure payment gateway, such as Stripe. By completing a transaction, you authorize us (or our third-party payment processor) to charge the full amount, including any applicable taxes or fees, to your chosen payment method.

You are responsible for ensuring that your payment information is accurate and up to date.

We reserve the right to cancel any order or suspend access to the Service if payment is declined, reversed, or otherwise fails.

All prices are listed in Swiss Francs (CHF) unless otherwise stated.

4.3. Taxes

Buyers are responsible for any applicable local taxes, duties, or other charges imposed by authorities in connection with the purchase and delivery of artwork. We will collect and remit taxes only where required by law.

5. Return and Refund Policy

All artwork available through our Service must be viewed in person before purchase. As such, we do not accept returns or offer refunds once a purchase is completed via the platform. Customers are encouraged to inspect artwork thoroughly before purchasing.

5.1. Exceptions

If the artwork received is damaged or defective, you may contact us within 14 days of receiving the artwork to request an exchange or replacement. In such cases, we will provide instructions on how to return the item for an exchange or a refund, subject to our discretion.

6. Intellectual Property

All content available on the Service, including but not limited to text, graphics, logos, images, software, and code, is either:

  • Owned by Pickart AG;
  • Licensed to Pickart AG by third parties (such as partner hotels, hosts, or artists); or
  • Used with permission.

Such content is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content from the Service without our prior written permission or, where applicable, the permission of the respective rights holder.

7. User Content

If you upload, post, or otherwise provide any content to the Service (“User Content”), you retain ownership of your content, but you grant Pickart AG a worldwide, non-exclusive, royalty-free license to use, reproduce, display, distribute, and modify your content solely for the purpose of providing and improving the Service.

You are solely responsible for your User Content and represent that you have all necessary rights to grant this license and that your content does not infringe any third-party rights.

8. Third-Party Services

To improve your experience, our Service may link to or integrate with third-party services (e.g., payment providers like Stripe, analytics platforms like Google Analytics). These third-party services may have their own terms and privacy policies, which we recommend you review before using them. We are not responsible for how these third-party services operate or handle your data.

9. Disclaimers

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Pickart AG disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be error-free, secure, or continuously available.

10. Limitation of Liability

To the extent permitted by applicable law, Pickart AG and its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service. Our total liability for any claims under these Terms shall not exceed CHF 100 or the amount you paid us in the 12 months preceding the claim, whichever is greater.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, if we believe you are in breach of these Terms or applicable law. Upon termination, all rights granted to you under these Terms will cease, and you must cease all use of the Service.

12. Changes to These Terms

We reserve the right to update these Terms at our discretion. If we make material changes, we will notify you via the Service or through other reasonable means. Continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Switzerland, without regard to conflict of law principles. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts in Zurich, Switzerland.

14. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Pickart AG
Email: info@pickart.com
Pickart AG (CHE-473.191.197), Via Maistra 55, Silvaplana, Switzerland