Terms of Use
Welcome to Phoenix Store! This document is our “Terms of Use,” which we may simply refer to as “Terms.” Basically, it says, “this is what we do, and how we do it, and by using our platform, you agree that it’s all okay with you.” It’s all important, but what’s in CAPITAL LETTERS is really important. You need to know how we run things to make Phoenix Store work smoothly.
Every website has its own terms, and Phoenix Store is no different. We might call it the “Company,” or we might just say “we,” “us,” or “ours.” We’ll talk about the website and services we provide together as the “Services.” There might be guidelines, terms, rules, or the like for specific parts of the Services, and we’ll make sure to post those along with the features. Those things are included here – that means they’re part of these terms. And now, for some very important stuff: THESE TERMS OF USE (“TERMS”) STATE THE BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THESE SERVICES, YOU ACCEPT THESE TERMS AND THE COMPANY’S PRIVACY POLICY, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU ARE UNDER THE AGE OF 18. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
ACCOUNT TERMS
Account Creation
To use certain parts of the Services, you must register for an “Account” and provide us with some information about yourself in the registration form (such as your email address and password, and other information we request). You state and promise (seriously, you promise) that: (a) all information you provide to us is honest and accurate; (b) you will update the information if there are any changes; (c) you reside in the US or, if not, your use of the Services will not violate any laws wherever you are. You can delete your Account at any time by following the instructions we post on the Services. We may suspend or terminate your Account – we explain how and why below. You may use third-party services to log into our site – such as Shopify, for example. If you do, you agree to the terms of use and privacy policy. Creating an account will make it easier for you to shop at our Store, and we guarantee the security of your account. We do not have the authority to know your Password and Profile.
ACCOUNT RESPONSIBILITIES
You must keep your Account login and password secret. Keep your password secret from anyone, do not allow others to borrow or use your account. There is no reason to borrow a Phoenix account because everyone can easily create one using an Email (no need for KYC). If you find out that someone has used your Account without your permission, or you suspect they have, you must notify us immediately. We cannot and will not be responsible for any loss or damage you may incur because you cannot keep your login information confidential – that’s your responsibility. If you do not inform us of an unauthorized purchase on your Account within 10 days after it occurs, you waive all claims against us related to that transaction (to the extent permitted by law).
ACCESS TO SERVICES
1. License
We grant you a limited, non-transferable, non-exclusive, revocable, and restricted license to use and access the Services solely for your personal and non-commercial use, but only as described in these Terms. Reselling Phoenix Store products or sharing them with others is prohibited.
2. Support or Platform Maintenance
We are not required to provide support or maintenance. If we do, it is because we are good and we decide to do so. We own the Services and all of its parts, as well as all rights in those parts. By accepting these Terms, you agree to this. Specifically, all copyrights, patents, trademarks, and trade secrets in the Services and its content are owned by us or our suppliers. Nothing – whether these Terms or anything else – transfers ownership of any intellectual property rights to you or anyone else.
3. Acknowledgment
By purchasing products from us, you agree to the terms we provide. All of these rules are absolute, and if you disagree or do not agree, it is advisable not to use our site. We highly respect your decision. We thank those of you who have joined and agreed to all the rules we have set.
SALES TERMS
Introduction
We may provide you with the opportunity to purchase or license certain products, services, or content through the Services. By purchasing or licensing any “Product” (which includes products and services or content) through the Services, you agree to these Terms and additional terms in this section, which we will refer to as the “Sales Terms.”
Official Purchases
To make purchases using the Services, you must be a registered user with an Account. If you are blocked or we terminate your Account, we will not allow you to place orders using the Services. Any attempt or use of “bots” to automate purchases will result in an immediate ban.
Making a Purchase
When you make a purchase on the Services, the total price of the Product may already include taxes, fees, shipping, or special handling charges. Before you confirm a specific transaction, we may show you additional terms related to that purchase (such as providing an Email during purchase). Those additional terms will also apply to the transaction.
Limited Quantities
Some products on the Services will be available for purchase in limited quantities by each buyer. Any efforts to circumvent these limitations (such as creating multiple accounts, combining buyers from the same household using the same payment method, group purchases for resale, or anything we believe you do just to evade these limitations) are prohibited. If you insist on doing so, your purchase will fail, and the funds will be refunded. Furthermore, you will not be able to access your account because we have temporarily banned it.
Returns and Refunds
Buying means you understand and agree to the terms on Phoenix Store. In the purchase of Digital Products, there are no Returns or Refunds. This applies to all Marketplaces; digital products cannot be canceled or refunded. Therefore, before making a purchase, it is advisable to carefully examine and check various aspects such as:
- System Requirements
- Package Contents
- Variety Types
- Price
Afterward, make sure you read the provided guides and instructions so that your order can be used without encountering errors. If you encounter an issue that you cannot resolve, it is best to contact us through the “Contact Us” page.
ORDER CANCELLATION
Our Cancellation of Purchases
We reserve the right, at our discretion, to refuse or cancel orders or terminate Accounts at any time. This occurs when a product is out of stock, damaged, or cannot be sold. The purchase will be canceled, and the funds will be fully refunded without deductions.
Cancellation by the Buyer
All sales are considered final and cannot be canceled. However, if the order has NOT BEEN SHIPPED, you can request a cancellation by providing a reason. If the order has already been shipped, cancellation cannot be done because the product has been delivered to you.
Delayed Orders
If you have already made a payment but the order has not been shipped or is delayed, please contact us immediately for an inspection. Make sure you provide proof of payment or a reduction in the balance. This often happens due to errors on the third-party payment side. But don’t worry because the funds will not be lost.
PAYMENT
The service accepts payments through most major credit cards and some debit cards. We use a third-party payment processor (Paypal) because it provides the best protection for sellers and buyers. Paypal Protection can secure transactions that occur at the Phoenix Store, even detecting if orders are not shipped, in which case the money will be fully refunded to the buyer. Similarly, if there is an invalid purchase, Paypal will automatically reject the payment. In the future, we will add several payment methods such as Payoneer, Skrill, Stripe, or Gateway. But for now, Paypal is the easiest and most convenient to use.
ORDER CANCELLATION
Our Cancellation of Purchases
We reserve the right, at our discretion, to refuse or cancel orders or terminate Accounts at any time. This occurs when a product is out of stock, damaged, or cannot be sold. The purchase will be canceled, and the funds will be fully refunded without deductions.
Cancellation by the Buyer
All sales are considered final and cannot be canceled. However, if the order has NOT BEEN SHIPPED, you can request a cancellation by providing a reason. If the order has already been shipped, cancellation cannot be done because the product has been delivered to you.
Delayed Orders
If you have already made a payment but the order has not been shipped or is delayed, please contact us immediately for an inspection. Make sure you provide proof of payment or a reduction in the balance. This often happens due to errors on the third-party payment side. But don’t worry because the funds will not be lost.
PAYMENT
The service accepts payments through most major credit cards and some debit cards. We use a third-party payment processor (Paypal) because it provides the best protection for sellers and buyers. Paypal Protection can secure transactions that occur at the Phoenix Store, even detecting if orders are not shipped, in which case the money will be fully refunded to the buyer. Similarly, if there is an invalid purchase, Paypal will automatically reject the payment. In the future, we will add several payment methods such as Payoneer, Skrill, Stripe, or Gateway. But for now, Paypal is the easiest and most convenient to use.
TAX (VAT)
Phoenix Store always strives to make it easy for buyers by displaying prices that are already final. This means that every displayed price includes taxes and various other fees. So, the subtotal that appears will not be confusing, especially since digital products do not require shipping fees. You can pay the amount that appears without any additional charges.
SHIPPING
Phoenix Store has transitioned from Physical Products to Digital Products. In the past, we used a Third-Party Delivery service to send physical products such as consoles or video games. But now we only provide Digital products delivered via email. That’s why you are not charged any Shipping Fees, and orders can be received within minutes (at most 2-6 hours).
ERRORS
Every product is created with pre-adjusted descriptions, so if you experience differences in the received order, you can contact us immediately. Some errors such as:
- Different Items Shipped
- Quantity is Less
You can contact us to make corrections. This rarely happens, but if it does, you’ll know what to do.
EXCHANGES
If a product is damaged and cannot be used (error), you can exchange it for another product of the same price. Before that, our team will assist you well until the product you ordered can be used.
RATING & FEEDBACK
If you are satisfied, don’t forget to provide a rating as a reference for other users. Giving reviews can improve Phoenix Store even further. You can also provide Feedback in the form of Criticisms & Suggestions to us. Let us know what’s lacking in Phoenix Store, and we will be happy to improve it.
Disclaimer
THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE WITHOUT INTERRUPTION, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (3) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF, OR INABILITY TO USE, THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS AND USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (USD $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMITATION. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Perhaps those are the Terms of Use on Phoenix Store, we have kept them as concise as possible to avoid confusion and ensure ease of reading.
Contact Information:
seller@phoenix3dart.com