These terms and conditions (the “Terms and Conditions”, “Terms of Service”, “Terms of Use”) govern the use of www.phoenixartproductions.com (the “Site”). This Site is owned and operated by Phoenix Art Productions herein referred as “we”, “us” and “our”. This Site offer professional services.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
These Terms and Conditions contain a dispute resolution clause that impacts your rights about how to resolve disputes. Please read it carefully.
We respect your privacy and comply with the General Data Protection Regulation. For more information please read our Privacy Policy.
Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
We are under a legal duty to supply services that match the description of your order on our Site. The following services are available on our Site:
- Contract Miniature Painting Services,
- Miniature assembling and basing services,
- Collector display services, and
- Custom services.
You can request our services by submitting a “Get A Quote” form. We reserve the right to refuse to perform activities we consider unfeasible or not applicable to our professional services.
We reserve the right of contacting you to request further details if the information included in the “Get A Quote” form may be considered inaccurate or unsatisfactory to prepare a quotation. We may contact you:
- During the execution of the project to communicate work progress, clarify any work step or convey and agree on alternative solutions, and
- Upon completion of the work package to finalise the project and/or collection/shipping.
Our quotations are valid for 30 days and our services are subjected to a cooling-off period of 14 days (see “Right to cancel and receive reimbursement”). If you would like to cancel your order before the end of the cooling‑off period (14 days), we will refund you of the deposit (see “Payments”) and we will return any goods or purchased materials.
Please provide us with a shipping label purchased by you. We accurately pack your goods and have them shipped back to you. We do not take any responsibility for damage of loss of your goods while in transit.
We reserve the right to withdraw or change our quotations at any time during the cooling-off period.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Contract miniature painting
Phoenix Art Productions supports your projects with several levels of services tailored to your requirements for gaming or collecting.
We offer three levels of services for miniature gaming: Standard Gaming, Premium Gaming and High Display Quality. Basing is always provided at the level of Standard Gaming, with the option of being upgraded to Premium Gaming or High Display Quality according to the level of painting (see “Services”). We do not provide the materials to upgrade the basing from Standard Gaming to Premium Gaming or High Display Quality. We reserve the right to include the purchase of these materials in our quotation.
We do not offer the option of upgrading the basing of miniatures painted at a Standard Gaming to High Display Quality.
We have the expertise of performing projects at a collector level: the Collector Display and the Custom Service. We reserve the right to refuse to provide these services to models or miniatures that we feel they could not meet our minimal requirements to deliver an acceptable work due to poor quality and/or inaccurate manufacturing casting.
We reserve the right to refuse to provide any sculpting that we may considered offensive, obscene or to reproduce any parts that may infringe the copyright of third parties.
Check the Services page for further clarification of each of our professional services.
Assembling, Cleaning and Priming (ACP)
We clean, assemble and prime any model as an integral process of our professional services and our quotations include the costs of this step.
Our ACP service include removal of each part from the sprue, accurate cleaning from burring or moulding lines, inspection to check any defect, assembling using metal pins (if required to reinforce the model), filling all the gaps with specific epoxy putties smoothing the lines between parts.
We may include an optional magnetisation step of some plastic/resin parts, prior confirming feasibility. Please note that this step must be planned and agreed before the initiation of the project.
Assembled models may undergo a washing step prior the subsequent priming phase, to clean from grease or residual chemicals derived from casting (for example, in case of PVC or epoxy resin models) to increase primer adhesion.
We do understand that some clients may engage in their ACP. Please note that in some cases fully assembled models may represent a challenge to deliver some (or all) of our services requiring to paint the models or miniatures partially disassembled.
If you would like to proceed to assemble, cleaning and priming your models, please be aware that once received, we will reserve the right to inspect and confirm the models/miniatures meet the requirements for the agreed service. We are committed to deliver a professional service and your assembled miniatures must meet our ACP according to our Terms and Conditions.
If our quality check of your models may not meet the ACP requirements for the agreed service, we reserve the right to:
- Withdraw to proceed with the agreed service discussing an alternative and acceptable option. A new quotation may be required following our Terms and Conditions.
- Refuse to proceed with any service. We will ask you to provide us with an appropriate pre-paid shipping label to return your models refunding you from any paid deposit, according to our Terms and Conditions.
Our ACP step is an integral part of our Services and we do not offer this option as an orphan service. In exceptional circumstances, we may agree to offer our ACP service charging hourly. The costs per hour will be established by Phoenix Art Productions accordingly.
Prices
Phoenix Art Productions will review your submitted “Get A Quote” form to return a quotation, taking in account the services selected, any upgraded basing, size and complexity of the model or miniatures, painting patterns, application of mediums, preparation of banners, sculpting and/or converting, and any other request included in the “Get A Quote” form.
We reserve the right of contacting you to request further details if the information included in the “Get A Quote” form may be considered inaccurate or unsatisfactory to prepare a quotation. We may contact you during the execution of the project to communicate work progress, clarify any work step or convey and agree on alternative solutions, to confirm completion of the work package, final payment and delivery of your models or miniatures.
Acceptance in written of our quotation will confirm you agree to proceed with the selected services and our proposed solutions according to our Terms and Conditions.
Payments
The costs of our services are provided in British pound sterling (GBP) and established as a set price for your project. We accept the following payment methods on our Site:
BACS or Bank Transfer.
By accepting our quotation in written, you agree to our Terms and Conditions and paying a 50% (fifty %) deposit. This deposit is subjected to a 14 day cancellation period, after which the deposit become non‑refundable.
We require paying in full (100%, hundred %) any goods (materials, models or miniatures) we agreed to purchase on your behalf and included in the quotation. We reserve the right to proceed with the order until this payment has been provided.
Upon completion of the project, we will invoice you with the final payment, payable within 14 days. If you fail to comply with this term, we reserve the right to cancel your contract refusing to return your deposit and the models or miniatures. In certain circumstances, we may agree in written to extend this deadline up to 30 days offering to store your project while waiting you to pay.
In absence of any further agreement in written, we reserve the right to claim our rights from the damage caused by a loss of compensation, as applicable in these circumstances by the governing law which these Terms and Conditions are subjected (the “Applicable Law”).
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping
You can send your models or miniatures to us at your own expenses. We recommend selecting a tracking service to follow the parcel while in transit and confirm arrival to our studio. We cannot take any responsibility for any loss or damage while in transit or because of an inaccurate manufacturing process. Please communicate with us any issue prior shipping to discuss a solution or any possible optional repairs.
Alternatively, we may agree to buy the models on your behalf. Please check our “Payments” policy for further details.
We post your completed project as soon as possible after clearance of final payment, unless differently agreed in written.
We use the most appropriate carrier of your choice (like Royal Mail, FedEx, DHL, etc.) for the target destination. Costs are established taking in account an estimated weight, insurance, tracking or special delivery options.
We reserve the right to include in the quotation an excess of shipping costs for the following reasons:
- Some projects may require a long period of time for completion in which the shipping costs or the selected service may change. In this case we select an equivalent service or a different carrier providing a similar service.
- We are unable to estimate accurately the whole project weight due to the presence of models/miniatures casted with different materials (metal, resin or plastic).
As a result, a partial refund (if given) may be accredited to your bank account as soon as we generate the final pre‑paid label.
Rest assured we employ a comprehensive range of packing materials, including bubble wrap and foam, to maximize the protection of your models/miniatures during transit.
We do not take any responsibility for any damage or loss of your parcel containing your models or miniatures once transferred to the carrier. We always recommend an insured service to claim any compensation due to damage or loss occurred while in transit or stored in a carrier facility.
We reserve the right to amend the shipping costs at any time notifying you in written of such changes.
Custom duties
It is your responsibility to be aware of and comply with the customs regulations and duties imposed by your country. The shipping of your project and/or any material related to the completion of your project may be subject to import duties and taxes. Any additional charges for customs clearance must be paid by you.
We do not have control over these charges and cannot predict their amount. Customs policies vary widely from country to country, so please contact your local customs office for further information.
We are committed to complete any required customs declaration forms based on information agreed with you to avoid any issues with customs clearance.
If you refuse to pay the customs duties and the shipment is returned to us, you will be responsible for the return shipping costs and any additional charges incurred.
If a package is unclaimed and returned to us due to the non‑payment of customs duties, we will not issue a refund for the costs of the project paid by you. You will be responsible for any shipping and handling fees associated with the return.
By accepting a project quotation with us, you acknowledge and accept these terms regarding customs duties. We recommend that you familiarize yourself with your country’s customs regulations and policies.
If you have any questions or concerns regarding our custom duties policy, please feel free to contact us by email at: [email protected].
Intellectual Property
All contents published and made available on our Site is the property of Phoenix Art Productions and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Right to Cancel and Receive Reimbursement
If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract to purchase services from us within 14 days without giving notice. The cancellation period:
Will end 14 days from the date of purchase when you purchased a service.
To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at: [email protected]
You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions.
The right to cancel does not apply to:
Goods or services, other than the supply of water, gas, electricity, or district heating, where the price depends upon fluctuations in the financial market that we cannot control and that may occur during the cancellation period.
Services that the customer has requested for the purpose of carrying out urgent repairs or maintenance.
Newspapers, magazines, or periodicals, except for subscriptions to such publications and Accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities, if the contract includes a specific date or period of performance.
Effects of Cancellation
If you requested the performance of services begin during the cancellation period, you are required to pay us an amount which is in proportion to what has been performed until you have communicated to us your decision to cancel this contract. We will reimburse to you any amount you have paid above this proportionate payment.
We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.
This right to cancel and to reimbursement is not affected by any return or refund policy we may have.
Consumer Protection Law
Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Phoenix Art Productions and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Phoenix Art Productions and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Country of England.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Phoenix Art Productions are unable to resolve any dispute through informal discussion, then you and Phoenix Art Productions agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Phoenix Art Productions. The costs of any mediation or arbitration will be shared equally between you and Phoenix Art Productions.
Notwithstanding any other provision in these Terms and Conditions, you and Phoenix Art Productions agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes of Terms and Conditions
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows: [email protected]
Cancellation Form
If you want to cancel your contract of sale with us you may use this form and email to us at the address below:
Please include the following information:
- Customer name
- Customer address
- Customer phone number
- Order number
- Quotation received on (date)
I hereby give notice that I cancel my contract of sale of the following services (please specify):
Signature:
Date:
