TERMS AND CONDITIONS
PHA Retail Netherlands B.V.
Below you will find our Terms and Conditions. These are at all times applicable when you make use of or place an order through our Website and contain important information. Furthermore, these Terms and Conditions contain the rules in the event of a Membership subscription to start using a work of art. Read the Terms and Conditions therefore carefully. We also advise you to save or print these Terms and Conditions for later reading.
Definitions PHA Retail Netherlands B.V.: established in Amsterdam and registered at the Chamber of Commerce under registration number 63262339 trading under the name of Public house of Art. Website: PHA Retail Netherlands B.V.’s Website, refer to www.phoa.art and all accompanying subdomains. Customer: the Customer who, whether or not acting in the practice of trade or business, enters into an Agreement with PHA Retail Netherlands B.V. and/or has registered on the Website. Membership: the Agreement in which the Customer has a subscription to the use of a work of art, within the category of the chosen subscription, for the duration of the subscription and under the Terms and Conditions as described in this document. Agreement: every understanding or agreement between PHA Retail Netherlands B.V. and Customer, of which the Terms and Conditions are an integral part. Product: the works of art offered on the Website for ordering. Terms and Conditions: the present Terms and Conditions.
Article 1. Applicability Terms and Conditions.
1.1. The Terms and Conditions are applicable to all offers, Agreements and deliveries by PHA Retail Netherlands B.V., unless specifically agreed otherwise in writing.
1.2. In the event that Customer, in their order, affirmation or communication regarding acceptance, introduces terms or conditions which differ from, or are not included in the Terms and Conditions, these will only be binding to PHA Retail Netherlands B.V., if and insofar as specifically accepted in writing by PHA Retail Netherlands B.V.
1.3. In the event that additional specific product or services conditions are applicable besides these Terms and Conditions, these conditions are applicable as well, but Customer can, at all times, in case of conflicting conditions, appeal to the relevant condition most favourable to them.
Article 2. Prices and information
2.1. All stated prices from the Website and in other materials originating from PHA Retail Netherlands B.V. are including VAT and, unless otherwise stated, all other government imposed duties.
2.2. Separate shipping costs will not be charged.
2.3. The Website’s content has been compiled with the greatest care. However, PHA Retail Netherlands B.V. cannot guarantee that all information on the Website is at all times correct and complete. All prices and further information on the Website and in other materials originating from PHA Retail Netherlands B.V. are therefore with reservation regarding obvious programming and typing errors.
2.4. PHA Retail Netherlands B.V. cannot be held accountable for (colour) anomalies as a result of screen quality.
Article 3. Establishment of Agreement
3.1. The Agreement is established at the moment of the Customer’s acceptance of the offer by PHA Retail Netherlands B.V. and by complying with the relevant conditions set by PHA Retail Netherlands B.V.
3.2. In cases where Customer has accepted the offer by electronic means, PHA Retail Netherlands B.V. will, by electronic means, immediately confirm the receipt of the acceptance of the offer. For as long as the the receipt of this acceptance has not been confirmed, the Customer has the opportunity to dissolve the Agreement.
3.3. When it is found that Customer has provided incorrect informations at the acceptance of, or in any other form of entering into an Agreement, PHA Retail Netherlands B.V. has the right to commit to its obligations only after receiving the correct informations.
3.4. Within the legal framework, PHA Retail Netherlands B.V. can obtain information regarding whether Customer can meet his commitments, but also about all facts and circumstances which are of importance to a responsible entering into the Agreement. When PHA Retail Netherlands B.V., on account of this investigation, has good grounds not to enter into the Agreement, it is entitled to a motivated refusal of the order or application or attach particular conditions to the implementation, such as prepayment.
Article 4. Registration
4.1. To make the best possible use of the Website, Customer may register through the account registration option on the Website.
4.2. During the registration procedure Customer choses a username and password to log into the Website after registration. It is the Customer’s own responsibility to choose a sufficiently reliable password.
4.3. Customer should keep their login data, username and password strictly secret. PHA Retail Netherlands B.V. is not liable for misuse of the login data and can at all times assume that a Customer who logs in on the Website is indeed that Customer. Everything occurring through the Customer’s account falls within the responsibility and risk of Customer.
4.4. If Customer knows or suspects that their login data have come into the hands of unauthorised individuals, they will change their password as soon as possible and/or inform PHA Retail Netherlands B.V. thereof, enabling PHA Retail Netherlands B.V. to take appropriate actions.
Article 5. Execution of Agreement
5.1. As soon as PHA Retail Netherlands B.V. has received the order, PHA Retail Netherlands B.V. will, in accordance with statements laid down in section 3 of this Article, send the Products as soon as possible.
5.2. PHA Retail Netherlands B.V. is entitled to call in third parties to execute the obligations arising from the Agreement.
5.3. In good time before entering into the Agreement, a clear description will be given on the Website on how delivery will take place and the timeframe in which the Products will be delivered. When no timeframe has been agreed upon or has been stated, delivery of Products will, in any case, be within 30 days.
5.4. If PHA Retail Netherlands B.V. cannot deliver the Products within the agreed timeframe, they will inform Customer thereof. Customer may then agree to a new delivery date or they are given the opportunity to dissolve the Agreement at no cost.
5.5. PHA Retail Netherlands B.V. advises Customer to inspect delivered Products and to report any subsequently found damages with all due dispatch, via email (email@example.com) and supported by pictures. See further the Article on guarantee and conformity.
5.6. As soon as the consignment of Products has been delivered at the given address, the risk covering these products transfers to the Customer. When specifically agreed otherwise, the risk will transfer to the Customer earlier. When Customer decides to collect the Products, the risk transfers at the handing over of the Products.
5.7. PHA Retail Netherlands B.V. is entitled to supply a similar Product of similar quality as the ordered Product, when the ordered Product is no longer available. In such a case, Customer is entitled to dissolve the Agreement at no cost and return the Product at no cost.
Article 6. Membership
6.1. Through the Website, Customer may subscribe to a Membership for a minimum period of of 1 year (12 months). Membership will indefinitely and tacitly be renewed by 1 month.
6.2. There are different types of Memberships. During the ordering process Customer chooses one of the types. After confirmation of the Membership, Customer should choose a Product from the Product category pertaining to the type of Membership. This Product will be delivered to Customer at no cost (in accordance with the article on Execution Agreement).
6.3. In case of moving address, the Customer is permitted, after reporting the move in the account on the Website, to transport the Product / have the Product transported. In case of any damage or loss of value as a result of this, the costs of this damage will be entirely at the expense of the Customer, with a maximum of the initial deposit. Customer is, furthermore, obliged to report the move within 1 month by adjusting the address in the Customer’s online account.
6.4. The Product which the Customer has received on loan through the Membership, should never cross the Netherlands border.
6.5. On entering into the Membership, an amount of two times the monthly payment will be charged, in addition to the first monthly payment. This amount will be returned to the Customer within one month after the quality check. Any depreciation which has been established from this quality check will be deducted from this amount.
6.6. Customer has the right to terminate the Membership as of the 11th month of the first year, with a one month term of notice. After tacit renewal, Customer has a one month term of notice.
6.7. Membership will immediately be terminated in cases where Customer decides to purchase the Product on loan.
6.8. After termination of the Membership, PHA Retail Netherlands B.V. will collect the Product from Customer within one month, at no cost. On collecting the Product, PHA Retail Netherlands B.V. will perform a quality check.
Article 7. Revocation right
7.1. Customer has the right to dissolve the remotely concluded Agreement with PHA Retail Netherlands B.V. within 30 days after receiving the Product, without reason given and at no cost. In the event of taking up the Membership, Customer has the right to dissolve the remotely concluded Agreement with PHA Retail Netherlands B.V. within 30 days after concluding the Agreement, without reason given and at no cost.
7.2. The term begins on the day after the Customer, or a third party appointed by them beforehand, who is not the carrier, receives the Product, or: if Customer ordered several Products in one and the same order: the day on which Customer, or a third party appointed by them, received the last Product; if delivery of a Product consists of different shipments or parts: the day on which Customer, or a third party appointed by them, received the last shipment or the last part; in the event of Agreements for regular shipment of Products during a specified period: the day on which Customer, or a third party appointed by them, received the first Product; when concluding a Membership: on the day after concluding the Agreement; in the event of a combination of concluding a Membership and the purchase of a Product: the day on which Customer, or a third party appointed by them, received the last Product.
7.3. PHA Retail Netherlands B.V. bears the costs of returning shipments, making it free of charge to Customer. Any possible paid costs for shipment and payment of the Product to Customer will be restituted at the return of the complete order.
7.4. Within the revocation term, as to referred to in section 1, Customer will handle the Product and the packaging with due care. Customer will only open the packaging and use the Product as far as necessary to examine the nature, characteristics and operation of Products. The basic principle here is that this inspection cannot go beyond what Customer could do in a physical shop.
7.5. Customer is only accountable for depreciation of the Product when it is the result of a manner of handling the Product that goes beyond what is permitted in the previous section.
7.6. Customer may dissolve the Agreement in accordance with the term set in Section 1 of this Article by sending the model form for revocation (digitally) to PHA Retail Netherlands B.V., or let PHA Retail Netherlands B.V. know in any other unambiguous manner that they refrain from the purchase. In the event of a digital report, PHA Retail Netherlands B.V. will confirm the receipt of that report. After dissolution, Customer is allowed 14 days to return the Product. It is also possible, within the reflection term set in Section 1 of this Article, to return the Product immediately, provided that the model form for revocation or any other unambiguous explication for revocation is enclosed. Products may be returned to: PHA Retail Netherlands B.V., Utrechtsestraat 98 1017 VS Amsterdam.
7.7. Any amounts already (pre-)paid by Customer will be refunded to Customer as soon as possible, but no later than 14 days after dissolution of the Agreement, the same way Customer paid the order. If Customer has opted for a method of delivery which is more expensive than the lowest priced standard delivery, then PHA Retail Netherlands B.V. is not obliged to refund the additional costs for the more expensive method. Unless PHA Retail Netherlands B.V. offers to retrieve the Product themselves, PHA Retail Netherlands B.V. is entitled to postpone refunding until PHA Retail Netherlands B.V. has either received the Product or Customer demonstrates he has returned the Product, depending on which point in time precedes.
7.8. In good time before concluding the Agreement, precise information will be given on the Website regarding the applicability of the revocation right and a possible, desired procedure.
Article 8. Exchange
8.1. If Customer wishes to receive another Product than the already received Product, Customer may use their revocation right and order a new Product through the Website.
8.2. In the event of a Membership, the Customer has the opportunity to exchange the Product in use for another Product from the same or from a higher category than the chosen type of Membership. Any possible additional costs for a higher category will be charged after delivery of the new Product.
8.3. A request as intended in the previous section may be made through the Customer’s account on the Website.
8.4. The physical exchange of the Products will be taken care of by or on behalf of PHA Retail Netherlands B.V., free of charge. The exchange will take place in accordance with the delivery as mentioned in the Article Execution of Agreement.
8.5. The first exchange within the Membership subscription year is free of charge. For subsequent exchanges within the Membership, an extra single monthly term will be charged for the new Product.
Article 9. Payment
9.1. Customer should make payments to PHA Retail Netherlands B.V. in accordance with the methods of payment as indicated in the ordering procedure and on the Website if applicable. PHA Retail Netherlands B.V. is free to choose and present any method of payment and these may also change from time to time. In the event of payment after delivery, Customer has a term of payment of 14 days as of the day after delivery.
9.2. Membership will be paid for to PHA Retail Netherlands B.V. monthly, in accordance with the methods of payment indicated on the Website.
9.3. In the event that Customer does not meet their payment obligation(s) and, after having been informed by PHA Retail Netherlands B.V. of the overdue payment, and having been offered by PHA Retail Netherlands B.V. a 14 days term to still meet their payment obligation, they will be due, after failing to pay within this 14 days term, the statutory interest on the amount payable, and gives PHA Retail Netherlands B.V. the right to charge for their extra-judicial collecting costs. These collecting costs amount to: a maximum of 15% on amounts payable op to €2,500; 10% on the subsequent €2,500 and 5% on the next €5,000 with a minimum of €40. PHA Retail Netherlands B.V. may deviate from stated amounts in Customer’s favour.
9.4. In the event of an overdue payment, PHA Retail Netherlands B.V. can, furthermore, after Customer has been given a 14 days term to still meet their payment obligations, and after failing to pay within this 14 days term, immediately postpone the right of use of the Product and collect it or have it collected. As a result, the Membership points accumulated within this Membership will expire.
Article 10. Membership points
10.1. During the Membership, points, called Membership points, are accumulated. For each euro paid to PHA Retail Netherlands B.V., Customer receives 1 Membership point.
10.2. Membership points are valid until 6 months after terminating the Membership.
10.3. Membership points may be exchanged for a discount on the purchase of a Product from PHA Retail Netherlands B.V.
10.4. Each Membership point represents a discount to the value of 1 euro. Membership points can not be exchanged for euros.
Article 11. Guarantee and conformity
11.1. This article is only applicable in the event of a Customer not acting in the practice of their trade or business. If PHA Retail Netherlands B.V. gives a separate guarantee to the Products, this will apply, without prejudice to what was just stated, to all types of Customers.
11.2. PHA Retail Netherlands B.V. guarantees that the Products comply with the Agreement, the specifications mentioned in the offer, the reasonable demands of adequacy and/or usability and the legal provisions and/or government regulations existing on the date of concluding the Agreement. If specifically agreed, PHA Retail Netherlands B.V. will also guarantee that the Product is suited for usage other than normal.
11.3. If the delivered Product does not comply with the Agreement, Customer should inform PHA Retail Netherlands B.V. within a reasonable term after discovering the defect.
11.4. If PHA Retail Netherlands B.V. finds the complaint legitimate, the relevant Products will be repaired, exchanged or refunded after consultation with Customer. In compliance with the Article on liability, the maximum refund is equal to the price the Customer paid for the Product.
Article 12. Guarantee when purchasing commercially
12.1. PHA Retail Netherlands B.V. guarantees that the Products comply with the Agreement, the specifications mentioned in the offer, the reasonable demands of adequacy and/or usability and the legal provisions and/or government regulations existing on the date of concluding the Agreement. If specifically agreed, PHA Retail Netherlands B.V. will also guarantee that the Product is suited for usage other than normal. Otherwise, the Product is suited for normal usage.
12.2. If, at delivery, the delivered Product does not comply with the Agreement, Customer should inform PHA Retail Netherlands B.V. within a reasonable term after discovering the defect.
12.3. If PHA Retail Netherlands B.V. finds the complaint legitimate, the relevant Products will be repaired, exchanged or (partly) refunded after consultation with Customer.
Article 13. Complaints procedure
13.1. If customer has a complaint about a Product ( in accordance with Article on guarantee and conformity) and/or other aspects of service by PHA Retail Netherlands B.V., they may file a complaint by phone, e-mail or mail. See the contact information at the end of the Terms and Conditions.
13.2. As soon as possible, but, in any event, within 7 days after receiving the complaint, PHA Retail Netherlands B.V. will give Customer a reaction to their complaint. If it is not possible yet to give a reaction on content or a definitive reaction, PHA Retail Netherlands B.V. will confirm the complaint as soon as possible and give an indication of the term in which it expects to give a reaction on content or a definitive reaction to the Customer’s complaint.
13.3. Customer not acting in the exercise of their trade or business may also file a complaint through the European dispute resolution platform, to be reached on http://ec.europa.eu/odr/.
Article 14. Liability
14.1 This Article is only applicable if Customer is a natural person or a legal person acting in the practice of their trade or business.
14.2. The total liability of PHA Retail Netherlands B.V. towards Customer due to liable inadequacy in meeting the Agreement is limited to the maximum amount of the price agreed for that Agreement (including VAT).
14.3 PHA Retail Netherlands B.V.’s liability towards Customer for indirect damages, in any event including – but explicitly not exclusively – consequential damages, loss of profit, lost savings, loss of data and damages caused by business interruption, is excluded.
14.4. Apart from the events mentioned in the previous two sections of this Article, there is no liability for damages attached to PHA Retail Netherlands B.V. towards Customer, regardless of the grounds on which an action for damages would be based. However, the restrictions mentioned in this Article will be lifted if and as far as the damage is the result of intent or gross negligence by PHA Retail Netherlands B.V.
14.5. PHA Retail Netherlands B.V.’s liability towards Customer for liable inadequacy in meeting an Agreement will only arise if Customer, promptly and in writing, declares PHA Retail Netherlands B.V. liable, stating, in addition, a reasonable term to address the shortcoming, and PHA Retail Netherlands B.V., even after this term, still fails to fulfil its obligations. The notice of default should contain, as detailed as possible, a description of the shortcoming, enabling PHA Retail Netherlands B.V. to react adequately.
14.6. At all times, the condition for the existence of any right to compensation is that the Customer reports the damage to PHA Retail Netherlands B.V. as soon as possible, but at the latest within 30 days, after emergence.
14.7. In the event of force majeure, PHA Retail Netherlands B.V. is not liable to compensation for any resulting damage suffered by Customer.
Article 15. Retention of title
15.1. As long as Customer has not paid the agreed amount in full, all delivered goods remain the property of PHA Retail Netherlands B.V.
15.2. The Products received by Customer, of which Customer has the right of use in connection with a Membership, will at all times remain the property of PHA Retail Netherlands B.V., except when Customer proceeds to purchase the Product given in usage, and all pertaining obligations (such as full payment) have been met by Customer.
Article 16. Personal data
16.1. PHA Retail Netherlands B.V. processes Customer’s personal data in compliance with the privacy statement published on the Website.
Article 17. Final provisions
17.1. The Agreement is subject to Dutch law.
17.2. As far as nothing else is required by rules of mandatory law, all disputes which may arise pertaining to the Agreement will be submitted to the competent court in the district where PHA Retail Netherlands B.V. is located.
17.3. If a provision in these Terms and Conditions proves to be invalid, this does not affect the validity of the overall Terms and Conditions. In such an event, parties will establish (a) new provision(s) in substitution, doing justice, as much as legally possible, to the purpose of the original provision.
17.4. In these Terms and Conditions “in writing” also applies to communication via e-mail and fax, provided that the identity of the sender can be sufficiently ascertained.
Contact details If, after reading these Terms and Conditions, you should have any questions, complaints or remarks, please contact us in writing or via e-mail.
PHA Retail Netherlands B.V.
1017 VS Amsterdam
telephone: +31 20 221 3680
Chamber of Commerce-nr.: 63262339