Registered Offices:
By accessing, browsing, or using the Picwood website (the “Website”), or purchasing goods and/or services from Picwood (Pvt) Ltd (the “Company”), you (“User” or “Customer”) agree to be bound by the following Terms and Conditions. These Terms shall govern your use of the Website and any transactions, to the fullest extent permitted by law.
1. Definitions
1.1 “Company” refers to Picwood (Pvt) Ltd, a legal entity registered in both Sri Lanka and Australia.
1.2 “Customer” or “User” means any individual, entity, or organization accessing the Website, making inquiries, or purchasing Goods.
1.3 “Goods” means any products, merchandise, or services offered, sold, or supplied by the Company, whether physically delivered or digitally provided.
1.4 “Website” includes www.picwood.com and any affiliated platforms, subdomains, or mobile applications owned, controlled, or operated by the Company.
1.5 “Terms” refers collectively to these Terms and Conditions.
2. Applicability and Acceptance
2.1 By accessing the Website or purchasing Goods, you expressly acknowledge that:
- You have read, understood, and agreed to these Terms; and
- These Terms constitute a legally binding agreement between you and the Company.
2.2 These Terms supersede any prior agreements, representations, or understandings, whether oral or written, relating to your use of the Website or purchases from the Company.
2.3 Users accessing the Website from jurisdictions outside Sri Lanka and Australia agree to comply with all local laws regarding online conduct and transactions.
3. Orders, Payment, and Pricing
3.1 All orders placed via the Website are subject to acceptance at the Company’s sole discretion. The Company reserves the right to refuse, cancel, or limit any order without liability.
3.2 Payment may be processed through the Company’s authorized payment gateways or financial institutions in Sri Lanka and/or Australia. Users are responsible for any fees, charges, or currency conversion costs.
3.3 Prices are displayed in the relevant currency (LKR or AUD) and may include applicable taxes or duties. The Company reserves the right to correct pricing errors, provided such corrections do not materially affect the Customer’s order.
3.4 Receipt of payment by the Company does not constitute acceptance of an order. Acceptance occurs upon confirmation via email or other electronic communication.
4. Delivery, Risk, and Title
4.1 Delivery of Goods shall be made to the address provided by the Customer. Estimated delivery times are indicative only; the Company shall not be liable for delays beyond its reasonable control.
4.2 Risk in the Goods passes to the Customer upon physical delivery.
4.3 Title to Goods shall remain with the Company until full payment has been received. Until such time, the Customer shall hold the Goods as bailee and must not sell, pledge, or encumber them.
5. Intellectual Property Rights
5.1 All intellectual property, including but not limited to designs, logos, trademarks, images, text, and software on the Website, is owned by or licensed to the Company.
5.2 No license, title, or other rights are granted to Users except as expressly set out herein. Users shall not copy, reproduce, distribute, create derivative works, or exploit any intellectual property without the Company’s prior written consent.
6. Privacy and Data Protection
6.1 The Company collects and processes personal data in accordance with its Privacy Policy, which forms part of these Terms.
6.2 Users consent to the collection, storage, processing, and transfer of their personal data between Sri Lanka and Australia for operational, administrative, and legal purposes.
7. Limitation of Liability
7.1 To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, punitive, or special damages arising out of or in connection with the use of the Website or Goods.
7.2 The Company’s liability for direct damages arising from defective Goods or services shall be limited to the purchase price paid by the Customer.
7.3 Nothing in these Terms excludes liability for death or personal injury caused by negligence, or any liability which cannot be excluded under applicable law.
8. Warranties and Disclaimers
8.1 The Website and Goods are provided “as is” and “as available” without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.2 The Company does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.
9. Governing Law and Dispute Resolution
9.1 These Terms shall be governed by and construed in accordance with the laws of Sri Lanka.
9.2 Any disputes, claims, or controversies arising out of or in connection with these Terms or the use of the Website shall first be referred to arbitration in Colombo, Sri Lanka, under the Arbitration Act, No. 11 of 1995.
9.3 If the dispute cannot be resolved by arbitration, the parties may submit the matter to the courts of competent jurisdiction in Sri Lanka.
9.4 Users accessing the Website from Australia acknowledge that the Company may enforce its rights under both Sri Lankan and Australian law, without prejudice to the arbitration clause.
10. Modification of Terms
10.1 The Company reserves the right to amend, modify, or update these Terms at any time without prior notice.
10.2 Users are responsible for regularly reviewing the Terms. Continued use of the Website after amendments constitutes acceptance.
More Than A Picture