Terms and conditions of PHI 2 ART
1.1 All offers, orders and agreements of PHI 2 ART are subject to the exclusion of any other general terms and conditions, these General Terms and Conditions (hereinafter: Terms and Conditions).
1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the remaining provisions will remain fully in force.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of PHI 2 ART, are equally stipulated for the benefit of the agreement.
2.1 An agreement is only concluded after acceptance of your order by PHI 2 ART. PHI 2 ART is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, PHI 2 ART will communicate this within five (5) working days after receiving the order.
3. Prices / Offers
3.1 All offers from PHI 2 ART are without obligation and PHI 2 ART expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations.
3.2 Prices are stated in euros including VAT and including shipping costs in Europe, unless explicitly stated otherwise. Outside Europe pls. contact PHI2ART.
4. Return shipments
4.1 The right of return is excluded for products that are made to measure and /or request; this includes all Giclée print jobs, as offered on the website page: Prints Series I to VIII. Unless Article 4.3 applies. Then follow the procedure as stated in Articles 4.3 and 4.4.
You can return all other items within fourteen (14) working days after receipt, after which you will receive your money back.
The items must be delivered undamaged (in perfect condition) and in original packaging to PHI 2 ART. If this aspect is not taken into account, we cannot take back the articles or cancel the payment. Costs of the return shipment are for the account of the customer.
4.2 You are obliged to check whether the packaging of the items delivered to your home is undamaged. If this is not the case, you must refuse the order, let the driver take the order back and preferably report this by return, but no later than within two days, by e-mail to email@example.com stating: the order number in the subject of your e-mail, and a clear explanation of the nature of the damage. PHI 2 ART will replace the item or cancel your payment if it is demonstrated that you do not accept the item for well-founded reasons.
4.3 In the exceptional case that an item is sent to you that demonstrably does not comply with the order, PHI 2 ART reserves the right to replace the item with a new copy or to return the amount paid. In this case PHI 2 ART takes care of the return shipping costs.
4.4 If you want to send something back, first do the following: Send an e-mail to firstname.lastname@example.org so that we expect your shipment. PLEASE NOTE: Indicate in the subject of your e-mail the order number or invoice number that you have received via e-mail. After receiving your e-mail, we will contact you within 2 working days about the next steps.
5.1 Payment should only be made with the options offered for this purpose on the website.
5.2 Your items will be sent after receiving your payment.
5.3 If you are in default with any payment, PHI 2 ART is entitled to suspend (the implementation of) the relevant agreement and related agreements, or to dissolve it.
5.4 If the prices for the products offered increase in the period between the order and the execution thereof, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification by PHI 2 ART of the price increase.
6.1 The delivery times specified by PHI 2 ART are only indicative. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, unless the delivery period is exceeded in such a way that you cannot reasonably be expected to uphold the agreement. In that case you are entitled to cancel the order or terminate the agreement to the extent that this is necessary.
6.2 The delivery of the products takes place at the place and time when the products are ready for shipment to you.
6.3 If the delivery time is indicated in days, this means workdays. If the delivery time is indicated in weeks, this means work weeks. So 4 weeks is 20 business days.
7.1 As far as possible, the articles are sent with Post.nl. or DHL. You will find the associated shipping costs with your order unless otherwise indicated. If Post.nl or DHL changes the rates, they will be processed in our shipping costs.
7.2 SHIPPING COSTS
The shipping in The Netherlands is free of charge incl. packaging and 9% VAT.
Outside the Netherlands rates apply as stated on the website.
8. Retention of title
8.1 The ownership of delivered products will only transfer if you have paid everything you owe to PHI 2 ART on the basis of any agreement. The risk with regard to the products is transferred to you at the time of delivery.
9. Copyright prints
9.1 The designs of the prints are copyrighted by Jan Willem Henssen, designer .
Reproduction, multiplication, copying, advertising and / or making available to third parties of these designs / prints is prohibited.
9.2 PHI 2 ART is exclusively authorized to sell the prints to third parties for the amount stated in the web shop.
10. Complaints and liability
10.1 You have the obligation to examine on delivery whether the packaging is undamaged.
If the packaging is damaged, you should not unpack the delivery further. You then also request a 'return form' on the website and bring it to PHI 2 ART as soon as possible and in any case within three (3) working days after delivery, at least after observation was reasonably possible, in writing / by e.mail informed and motivated.
10.2 If it has been demonstrated that the products do not comply with the agreement, PHI 2 ART has the choice to replace the products concerned with new products upon return or to refund the invoice value thereof.
10.3 If you do not wish to purchase a product for any reason, you have the right to return the product to PHI 2 ART within fourteen (14) days after delivery. With the exception of the Giclée prints mentioned under 4.1.
See point 4- Return shipments for exceptions / additions.
10.4 In this case, return shipments are only accepted if the product and the original packaging (where applicable) are undamaged, whereby the costs for return shipments are for your account.
10.5 Products that PHI 2 ART sells via the web store:
These products fall under the liability of PHI 2 ART
Products that come out of the package damaged or defective are immediately replaced after they have been returned by the customer. Return costs and replacement are for the account of PHI 2 ART. Excluded from this are products that have been damaged intentionally or by improper use.
If the packaging is damaged, the customer must not accept the order and return it. (See points 4.2 and 10.1).
Damage caused by incorrect (improper) use of the product is not the responsibility of PHI 2 ART.
10.6 Products that are delivered directly by third parties, eg via a referral on the web store, to the visitor to the web store:
PHI 2 ART cannot be held liable for these products. In case of complaints you must contact the producer of the product.
The fact that PHI 2 ART provides a referral to a product / producer is exclusively intended to serve the visitor to the webshop. No rights can be derived from this by the visitor.
10.7 PHI 2 ART takes the utmost care in choosing products and / or producers that it offers in the web shop
11.1 Where applicable, the guarantee applies as issued by the producer of the product. PHI 2 ART itself gives no guarantee on the products, other than described under the article "Liability".
12. Electronic communication and proof
12.1 PHI 2 ART is not liable for misunderstanding, mutilation, delays or improper transmission of data and messages as a result of the use of the Internet or any other means of communication in the traffic between the Client and PHI 2 ART (or third parties engaged by the Client) , unless and insofar as there was intent or gross negligence on the part of PHI 2 ART.
12.2 The administration of PHI 2 ART counts as complete proof of the existence, content and execution of the agreement with the Customer in any legal proceedings, up to proof to the contrary by the party, who relies on the fact that the proof is not reliable is.
13. Force majeure
13.1 Without prejudice to the other rights it is entitled to, PHI 2 ART has the right, in its own choice, to suspend the execution of your order or to dissolve the agreement without judicial intervention, this by writing to you to share and this without PHI 2 ART being obliged to pay any compensation, unless this would be unacceptable by the standards of reasonableness and fairness in the given circumstances.
13.2 Force majeure is understood to mean any shortcoming which cannot be attributed to PHI 2 ART, because it is not due to its fault and is not for its account under the law, legal act or generally accepted beliefs.
14.1 If one or more of the provisions of these Terms and Conditions or any other agreement with PHI 2 ART may conflict with any applicable legal provision, the provision in question will lapse and be replaced by a new legally permissible law to be determined by PHI 2 ART similar provision.
14.2 PHI 2 ART is authorized to make use of third parties in the execution of your order (s).
15. Applicable law and competent court
15.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
15.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands
24 mei 2020
De actie 'We Care Art' (een kunstwerk voor iemand in de zorg) van Online Gallery is beëindigd. Het door PHI2ART gedoneerde werk "the Wedgwood Blues" is gewonnen door een verpleegkundige van de IC afdeling van de NoordWest Ziekenhuisgroep.