Terms & Conditions
TERMS & CONDITIONS
These terms will govern any orders placed with Phongthuygallery.com and its affiliates; therefore, we encourage you to read these terms prior to placing your order. By submitting an order to Phongthuygallery.com, you (also referred to below as the customer) are hereby agreeing to all the terms and conditions as set forth below. This agreement is in lieu of a written consent and will be binding by both the customer and/or their representative(s).
Phongthuygallery.com specializes in Feng Shui products and services. Phongthuygallery.com strives to deliver the highest quality as well as exceptional service to customer. While we are committed to meet your every need and expectation, we wish to inform you of certain limitations that are inherent within the custom promotional products industry.
ORDERING PROCESS
PAYMENT
Payment is due in full after placing the order. Phongthuygallery.com will not ship any order prior to payment. We will not accept any other forms of payment other than listed on Phongthuygallery.com website.
Your payment will show as payment to SP * PHONG THUY GALLER on your credit or debit card statement.
CHECKS
Checks are only accepted for Phong Thuy Gallery Store, but not for phongthuygallery.com websites. Any declined checks will be given an added fee of 18% of the order amount for the reason that the order has an outstanding balance. All checks require the order number to be written on the checks. Any checks without the order number will be deposited but the order may not go in production until identified. Production will start after the check has cleared the bank.
DECLINED PAYMENT
We do not ship orders COD; we do not offer credit terms or Net 30 credit accounts. We are not responsible for delays in order processing due to declined credit cards. We will attempt to contact our customers via email and phone call. We are not at fault for any late orders due to credit card issues of any kind.
ONLINE CONFIRMATION
The customer is responsible for the information that is/was inputted at the point of sale. All online orders stay in an automated system with little or no human interactions, therefore any mistakes will not be seen or corrected. A customer can request an email of the order at any time.
PROMOTION
All promotional codes are temporary and subject to be changed or canceled at any time. Please note our promotions and any other discount cannot be combined. We can only apply one discount or promotional code per order. Each promotional code can be used only one time per customer.
ADDITIONAL ORDER INFORMATION
We reserve the right to refuse service to anyone at any time for any reason.
SPAM FILTERS - FIREWALLS
We will not be held responsible for failure of any email communication to you either due to incorrectly spelled email addresses, non-working email address or spam filters that prohibit our emails from reaching you. Check your spam or deleted folders to ensure that these important emails are not blocked due to firewalls or spam filters on your computer.
BANK CHARGES
When placing an online order, if you press 'SUBMIT' more than once your order might be duplicated. Please make sure you only press 'SUBMIT' once. By placing an order online the customer is giving Phongthuygallery.com the permission to charge the credit card they provide. By agreeing to this policy the customer can not charge back the amount of the order to avoid payment.
CHANGING THE ORDER
Any order that is submitted cannot be changed. Changes might be attempted but are not guaranteed under any circumstance after the order is placed.
CANCELLATION OF ORDER
All orders that have a payment transaction cannot be canceled and the sale is final. Online orders cannot be canceled. Once the order is placed, no change can be made and the order cannot be canceled by any mean. Under exceptional circumstances, if a cancellation request is approved, the order is subject to a minimum $40 processing fee. The cancellation fee will be decided based on the current stage of the order.
If there is a cancellation request on your order, please frequently follow up and respond to all updates from our team within the provided time frame. Otherwise, the process on your order might be resumed according to the original options to avoid further delay.
PRINTING LOCATION & SIZE
Please understand that we cannot guarantee the artwork will print on the exact same location from piece to piece of the same order. The printing location might be slightly shifted and thus different among the products of the same order. Most of the time, this will not be noticeable due to the small margin mismatch. This is common in the industry and minor visual imperfections should not be considered as defective or flawed items.
SAMPLE
We do not provide sample for our items.
SHIPPING OPTIONS
Our products are made and shipped to countries globally. Our preferred shipping carriers are Fed Ex as well as USPS. Please note that sometimes our products are shipped to our customers via UPS, DHL, or even private carrier if the address given cannot be delivered by one of our preferred shippers.
Feng Shui products are mainly manufactured and shipped from Asian countries like China, Vietnam, Indonesia, etc. Phongthuygallery.com will not be held responsible either in the event the customer is not available for delivery or the customer refuses delivery. If a substantially large order requires inside delivery or a residential delivery, please specify that information when placing the order. You must have a physical address as FedEx; UPS doesn't ship to P.O. boxes.
When you place order, please be advised that the delivery date will only be "estimated" and not guaranteed.
Local duties and/or taxes may be assessed upon delivery. These fees are not charged by Phongthuygallery.com during checkout; therefore, please consult your local customs office to determine these charges. We are not responsible for these duties and/or taxes.
Note that delivery dates are essentially "estimates", and in no event will Phongthuygallery.com be liable for any consequential damages arising from delays in delivery.
Any address change or correction requested after the order was placed might not be guaranteed. An additional fee of $35 will be automatically charged to the original payment form if the shipping carriers such as, FedEx, UPS, DHL, USPS, etc., receive the address updates directly from the customer. Therefore, upon placing order, please review all information carefully.
PRODUCT QUALITY
Products that have minor imperfections visually or in size are not considered defective or flawed.
Due to the nature of the product materials and ingredients, each product type may have their own typical smells. This is totally normal and common within the industry, so the products will not be considered as defective. Most of the time, the smells will not be noticeable or should be concerned by any mean. However, some consumers who are especially sensitive to some certain distinctive smells might find them as unpleasant.
WEBSITE IMAGES
All website images are animated and made to resemble the product. Variations between image and product will happen. Exact match of website images and product is not guaranteed.
CLAIMS AND REDO ORDERS
Please check your order immediately upon receipt. All claims must be reported within 7 calendar days upon receipt of goods.
If misspelling is the issue we will first examine the order.
If the message / artwork matches the order we will not redo the order.
If the message / artwork does not match the order we will request a picture to verify the mistake or to send us a sample by mail.
For color issues we will require a sample to be mailed to us.
Upon receipt of the "visual", we promptly remedy the situation and redo the affected portion of the order if mandated.
Redo orders given because of shipments being lost in shipping by FedEx, UPS, DHL or USPS will be done after confirmation of the order being lost. The order will be redone in the same manner the order was originally placed.
RETURN & REFUND POLICY
If you receive merchandise that you believe is defective or of unacceptable print quality, you can send us at least three pictures or more of the product within 7 days of delivery. Please provide pictures from different angles for a clear verification. We will have a Claims Representative to review the issue and, upon verification of the mistake, we will remake the product for you. Any requests for a remake or refund past 7 days after delivery will be denied.
We only provide refunds for custom products if a Claims Representative determines that we make a mistake on the order that cannot be remedied by the remake. If we do not determine that we are at fault and still decide to grant a courtesy refund on a discretionary basis, it will only be a refund of the shipping cost at most. This also applies to discretionary cancellations granted after an order is already in production. If a cancellation is requested after an order is already in production, we may grant a courtesy refund of the shipping cost. You will not receive the product, but since the order has been already in production and in the process of being customized, we may only refund the cost of shipping.
Any order with used or distributed products is not refundable and not part of the money back guarantee.
Please note that no credit card or check refund will be available for transactions that are more than 90 days old. Only store credit can be offered at that point. Each check refund will incur a $10 processing fee, which will be deducted from the qualified refund amount.
REPLACEMENT POLICY
When an error has been confirmed, (upon following instructions under "claims") we will make every attempt to promptly redo the order. We will process the redo order exactly as you had originally requested minus any errors that we made. We will not change the product, the logo or artwork or the color when processing the redo.
STORE CREDIT
When a redo is no longer practical or even feasible, (either due to event date timelines, out-of-stock or quantity issues) Phongthuygallery.com will issue a store credit for up to the same value as the original order minus any shipping fees.
Shipping charges will not be credited back as this charge is made on behalf of the shipping company. The store credit may be treated as cash and may be used at any time and on any product we stock.
INTELLECTUAL COPYRIGHT
All aspects of this web site – design, text, graphics, applications, software, underlying source code and all other aspects – are copyrights of I.I.C. Investment LLC / Phongthuygallery.com and its affiliates. No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written consent from I.I.C. Investment LLC and Phongthuygallery.com.
LIMITATION OF LIABILITY
In all circumstances, Phongthuygallery.com maximum liability is limited to the purchase price of the products sold. Phongthuygallery.com will not, under any circumstance, be held liable for any claim or action that exceeds this liability limit. Phongthuygallery.com will not be liable for any third-party claims for damages against the customer, nor for malfunction of product, cause of delays, interruption of service, or loss of business. Due to fluctuating manufacturer costs, prices may change without notice.
This Agreement shall be construed as if both you (customer) and Phongthuygallery.com (inclusive of its affiliates I.I.C. Investment LLC) jointly wrote all terms set forth herein. Additionally, this Agreement shall be governed exclusively by Texas Law and all claims arising out of or relating in any manner, directly or indirectly, to this Agreement shall be litigated exclusively in Federal or State Courts of Harris County, Texas, USA. Further, both you (customer) and Phongthuygallery.com (inclusive of its affiliates including I.I.C. Investment LLC) consent to personal jurisdiction in those Courts in Texas.
PRIVACY POLICY
Phongthuygallery.com respects the privacy of anyone who uses any of Phongthuygallery.com Websites and any Phongthuygallery.com online applications. Phongthuygallery.com gathers important information from our visitors and customers. We publish this Privacy Policy to communicate how we gather and use information about you, how we protect it, and how you can participate in its protection.
Phongthuygallery.com will, from time-to-time, e-mail members of our e-mail list with special promotions and offers. This will help you take advantage of savings on products that may be of interest to you. If you do not wish to receive promotional e-mails, you can send an e-mail to Phongthuygallery@hotmail.com and please type "REMOVE FROM MAILING LIST" in the subject line of your e-mail. Removals are usually done within 24 hours. However, to ensure that the unsubscribe process has been completed successfully, please allow two weeks.
Phongthuygallery.com provides its service to you subject to the Phongthuygallery.com Terms of Service and this Privacy Policy, which shall be deemed part of the Terms & Conditions. We reserve the right to change this Privacy Policy. If we change it, we will provide notification of the change at least thirty (30) business days before the change takes effect and include directions for how you can respond to the change.
COLLECTED INFORMATION
We require people who register to use a Phongthuygallery.com online applications to give us contact information. Depending on the services chosen, we ask for contact and account information, such as name, company name, address, phone number, e-mail address, password and the number of users in the organization, in addition to financial and billing information, such as billing name, address and credit card number. When you express interest in additional information, or after you become a user, we may ask for additional personal information, such as title, department name, fax number or additional company information, such as annual revenues, number of employees or industry. You can opt out of providing additional information by not entering it when asked.
Phongthuygallery.com does not distribute or share customer e-mail addresses, except as noted in its Terms & Conditions, or as may be required by law.
Phongthuygallery.com uses the information we collect to set up the Services for individuals and their organizations. We may also use the information to contact customers and prospects to further discuss their interest in our company, the Services we provide and ways we can improve them, and to send information such as announcements of promotions and events regarding our company or partners. We may also e-mail a customer newsletter and updates about the Services or the company. You can opt out of receiving these communications by replying to them at the time they are distributed or at any time by e-mailing phongthuygallery@hotmail.com.
All financial and billing information that we collect through a Phongthuygallery.com Web site and the Services is used solely to bill for the Services. Phongthuygallery.com does not use this billing information for marketing or promotional purposes. Except as we explicitly state at the time, we request information, or as provided for in the Phongthuygallery.com Terms of Service, we do not disclose to any third party the information provided.
Phongthuygallery.com has integration relationships with third-party companies and individuals ("Integration Partners"). These relationships extend the functionality of the Services and the Integration Partner application or service ("Integrated Service") by allowing the Services and the Integrated Service to exchange customer data and to establish linked business processes between the two. Customers who pay Phongthuygallery.com for use of the Services and use this Integrated Service are considered customers of both Phongthuygallery.com and the Integration Partner. Phongthuygallery.com and an Integration Partner may share customer contact, account, financial and billing information, and business data with respect to their integrated business relationship with the customer. The sharing of this information allows Phongthuygallery.com and the Integration Partner to establish the identity of the shared customer and determine referral fees owed. This sharing also allows the Integration Partner to provide consolidated billing services to the shared customer and allows for the enhanced functionality of the integrated service. Shared contact, account, financial and billing information, and business data is governed by the Phongthuygallery.com Terms & Conditions.
Phongthuygallery.com uses a third-party intermediary to manage credit card processing. This intermediary is solely a link in the distribution chain and is not permitted to store, retain, or use the information provided, except for the sole purpose of credit card processing.
Other third parties, such as content providers, may provide information on a Phongthuygallery.com Web site, but they are not permitted to collect any information, nor does Phongthuygallery.com share any personally identifiable user information with these parties.
Phongthuygallery.com customers use Phongthuygallery.com online applications to host data and information. Phongthuygallery.com will not review, share, distribute, print, or reference any such data except as provided in the Phongthuygallery.com Terms & Conditions, or as may be required by law. We will view or access individual records only with your permission (for example, to resolve a problem or support issue). Of course, users of the Services are responsible for maintaining the confidentiality and security of their user registration and passwords.
Phongthuygallery.com may also collect certain information from visitors to a Phongthuygallery.com Web site and customers of the Services, such as Internet addresses. This information is logged to help diagnose technical problems and to administer the Phongthuygallery.com Web site and Services in order to constantly improve quality. We may also track and analyze non-identifying and aggregate usage and volume statistical information from visitors and customers and provide such information to third parties.
COOKIES
Cookies are files Web browsers place on a computer's hard drive. They are used to help us authenticate clients and provide timesaving shortcuts and preferences. Phongthuygallery.com uses a persistent encrypted cookie, if the client requests, to save and retrieve individual authentication information as well as other per-client device preferences. When a visitor follows a link to the Phongthuygallery.com Web site from an affiliate or promotion, Phongthuygallery.com stores information about that affiliate or promotion in a session cookie. Acceptance of these cookies is optional. Phongthuygallery.com issues a mandatory session cookie to each user of the Services only to record encrypted authentication information for the duration of a specific session. If you reject this cookie, access to and usage of the Services will be denied.
THIRD PARTY SITES
The Phongthuygallery.com Web site and online applications contain links to other Web sites. Phongthuygallery.com is not responsible for the privacy practices or the content of these other Web sites. Customers and visitors must check the policy statement of these others Web sites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is your responsibility to keep such information private and confidential.
SECURITY
Phongthuygallery.com has security measures in place for the Services to help protect against the loss, misuse and alteration of the data under Phongthuygallery.com control. When the Services are accessed using Netscape Navigator, or Microsoft Internet Explorer versions 4.0 or higher, Secure Socket Layer (SSL) technology protects information using both server authentication and data encryption to help ensure data is safe, secure and available only to you. Phongthuygallery.com also implements an advanced security method based on dynamic data and encoded session identifications and hosts the Services in a secure server environment using a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, Phongthuygallery.com requires unique user names and passwords that must be entered each time a customer log on. These safeguards help prevent unauthorized access, maintain data accuracy and ensure the appropriate use of data.
OPT-OUT POLICY
Phongthuygallery.com offers you a means to choose how we may use information you provided. If, at any time after registering for information or ordering the Services, you change your mind about receiving information from us or about sharing information with third parties, send us a request specifying your new choice. Send your request to phongthuygallery@hotmail.com.
CORRECTING & UPDATING INFORMATION
To update or change registration information, to update billing information, or to discontinue the Services, email us at phongthuygallery@hotmail.com
ADDITIONAL INFORMATION
Questions regarding this Privacy Policy or the security practices of the Services should be directed to Phongthuygallery.com's Security Administrator by e-mailing Phongthuygallery@hotmail.com.