TERMS AND CONDITIONS
This Agreement was last revised on November 1st, 2020.
www.phenixart.be (“website”) owned and managed by Phénix Art (“we,” “us,” or “our”) welcomes you.
“Product” or “Item” refers to the product or good available for sale on the website.
“User”, “You” and “your” denotes to the person who is accessing for taking any service from us;
“Customer” refers to the user who accesses the website and makes the payment for purchasing products and availing services;
“We”, “us”, “our” and “Company” are references to Phénix Art;
”Website” shall mean and include “https://phenixart.be, and any successor Website of the Company or any of its affiliates;
“Customer Account” shall mean an electronic account opened for the customer for purchasing products and availing various services offered on the website;
All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
Words importing any gender shall include all the other genders.
Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.
Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
Eligibility: Certain Service of the Website is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.
Electronic Communication:When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
At www.phenixart.be, we strive to be different. We know life is full on, and we know you want to take proper care of your appearance.
We offer unique creations of highly skilled jewelers, designers, painters, artisans from around the world. The creations of these talented individuals include exquisite handmade silver jewelry pieces both for men and women. There is a plethora of stunning products ranging from sublime rings, earrings, pendants & jewelry sets for women to bespoke hand-engraved ball pens and cufflinks for men.
With all of our products, we focus on quality by having our products subject to rigorous quality checks before it reaches you.
VI. MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the changes to its Website.
For accessing the website and using certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.
You accept that the details you provide in relation to establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
The website permits you to post comments, feedback etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
All the purchases from this website shall be governed by our terms and conditions.
If you make an Order for buying any product from our website. At the time ordering, while providing your details it is your duty to be careful and warrant that the details provided are true and accurate.
Payment mode shall be:
Online: Credit Cards and Debit cards;
The Preferred method of payment is PayPal. Credit cards are accepted via PayPal merchant services. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.
Any order to purchase a product that you place with us is subject to acceptance by us. When you make your order online we will provide you an email to confirm that we have received it.
If there is any error in the order confirmation, please contact us immediately by email to email@example.com.
We may refuse or unable to process your order if:
Your card or PayPal account does not give authorization for the payment of purchase price.
You do not meet the eligibility to order criteria set out above.
· You must notify us instantly if any particulars are inappropriate.
We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
· Refund shall be made as per our Return and Refund policy.
We take customer feedback very seriously and use it to constantly improve our products and quality of service.
At phenixart.be, we make every attempt to ensure that our online catalogue is as complete and accurate as possible. In order to give you the opportunity to view our products in detailed precision, some products may appear larger or smaller than their actual size in our product photos. The colour and size may vary slightly and since every computer monitor is set differently. Photographs are for illustration only. Actual products may vary slightly.
We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
We make material changes to these terms and conditions time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
The website is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
We reserve the right for any printing errors on this site as well as final sales of products. We do not guarantee that the images reflect the exact appearance of the products as a certain color difference may occur depending on the monitor, photo quality and resolution. We always try our best to expose the products as accurately as possible.
Once your final design has been agreed you will be invoiced for a non-refundable 50% deposit of the final price of your jewellery (this deposit may sometimes be a higher percentage depending on the material costs of the jewellery). Once your jewellery is ready the final balance is due, either on collection or before dispatch if your jewellery is being posted to you.
By this Website:
We provide an opportunity for you to avail the offered Products and Services from our Website.
We do not provide any warranty or guarantee that the products and Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.
We reserve the right, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.
You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
You shall not use or access the Website for collecting any market research for some competing business;
You shall not misrepresent or personate any person or entity for any false or illegal purpose;
You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;
You will not use any device, scraper or any automated thing to access the Website for any means without taking permission.
You will inform us about anything is inappropriate or you can inform us if you find something illegal;
You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
You will let us know about unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
If you have an intellectual property rights-related complaint about material posted on the website, you may contact our Designated Agent using the information below.
ATTN: Legal Department (Copyright Notification)
Any notice alleging that materials hosted by or distributed through the website infringe intellectual property rights must include the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
· a description of the copyrighted work or other intellectual property that you claim has been infringed;
· a description of the material that you claim is infringing and where it is located on the Website;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the use of the materials on the Website of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
· a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We accept no responsibility for delays / errors due to circumstances outside the Company’s ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, reduced or non-delivery from the supplier.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the www.phenixart.be. Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall PHENIX ART, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
We are not responsible to you for:
any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
any losses you suffer because the information you put into our website is inaccurate or incomplete; or
any losses you suffer because you cannot use our website at any time; or
any errors in or omissions from our website; or
any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
any unauthorised access or loss of personal information that is beyond our control.
XVIII.THIRD PARTY LINKS AND CONTENT
Phenixart.be may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.
Phenixart.be does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content.
Phenixart.be does not monitor or have any control over any Third Party Content or third party Websites. Phenixart.be does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness.
Phenixart.be may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information.
Users use these links and Third Party Content contained therein at their own risk.
XX. ERRORS, INACCURACIES AND OMISSIONS
Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
While we make every attempt to avoid these errors, they may occur such as data, product and service prices, may be inaccurately displayed on our website due to system or typing errors. We reserve the right to not honour inaccurate or erroneous prices and correct all errors when they do occur.
XXI. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for each and every instance.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed in accordance with the Law of Belgium without giving effect to any principles of conflicts of law. The Courts of Belgium shall have exclusive jurisdiction over any dispute arising from the use of the Website.
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org