Terms & Conditions
Arcana is a trading name of Ria Mishaal Photography Limited.
These Terms and Conditions are those that will apply between Ria Mishaal Photography Limited (the “Artist”) and you (the “Customer”) for the sale and purchase of the items (the “Work”) in your basket on the web site at www.riamishaal.shop (the “Site”). The contents of the basket, along with your delivery and payment information, shall constitute an Order Form.
As a consumer you have statutory rights, and nothing in these Terms and Conditions affects those rights in any way. These Terms and Conditions are construed and interpreted in English Law, and both the Artist and Consumer agree to the exclusive jurisdiction of the English courts.
Any correspondence relating to this purchase, including the return of goods if needed, should be made to:
Ria Mishaal Photography Limited
(Registered Business address: The Barn Meadow Court, Faygate Lane. Postal code: RH12 4SJ)
1.1 The copyright and any and all other intellectual property rights in the Work belong to the Artist.
1.2 The Work is sold for non-commercial use only and no reproduction of the Work is permitted without the express permission of the Artist.
2 Prices and Payment
2.1 Prices for the Work given on the Site include UK sales tax where applicable but do not include overseas taxes/customs duty, or delivery charges. Price for delivery will be given at the time of ordering. Prices shall be in British Pounds (GBP).
2.2 The Artist makes reasonable efforts to ensure that the stated prices are valid at all times. However, it is possible that a discrepancy will occur. If such an error is detected, the Artist will inform the Customer in a timely manner and ask that the order be reconfirmed at the new price. The Customer will also be given the opportunity to cancel without penalty and a full refund will be issued.
2.3 Payment is to be made in full before the Work is dispatched to the Customer. Payment may be made by Debit or Credit Card.
2.4 All payments made online are subject to validation checks and authorisation by the card issuer [or payment portal]. If payment to the Artist is not authorised, the order will not be accepted and the Artist will not be liable for any delay or non-delivery.
3.1 The Work will be delivered to the address given by the Customer on the Order Form using the method selected and paid for by the Customer.
4.1 The Customer may cancel the purchase of the Work by giving written notice within fourteen days, starting on the day after delivery of the Work. It is preferred that notice is given by email. The Work must be returned in “as new” state in the packaging originally used by the Artist to deliver the Work. The Customer is responsible for paying for the Work to be returned. Once the Work has been received, the Artist will issue a refund of the original purchase price, including original delivery charges as paid.
4.2 The Customer has a statutory right to reject the Work in certain circumstances, for example if the Work is not being of merchantable quality or defective in any fundamental way. If the Customer wishes to exercise their statutory rights, the first recourse should be to notify the Artist, preferably by email, quoting the invoice number and giving full details of the defect and, where possible, a photograph showing any such defect or fault. This notification must be made during the period of seven days starting on the day after delivery is made. The Artist may require the Customer to return the Work at the Artist’s expense using any reasonable service. If the claim is accepted, the Artist undertakes to refund the purchase price, including delivery charges as paid plus the cost of returning the Work to the Artist. If notification is not made within this period, the Artist shall have no liability for any defects and the Customer shall be liable to pay for the Work.
4.3 Where a refund is issued, it shall be made to the payment account used to purchase the Work. The time taken for this depends on the payment method – please be aware that some credit cards may take up to 28 days to process refunds.
5.1 The Artist warrants that they are and shall continue to be the copyright owner in the Work.
5.2 The Artist warrants that the Work shall be free of defects and substantially as shown on the Site. However, there is a possibility that there will be very minor and unavoidable differences in colour between how the Customer views the Work on the Site and the Work as delivered. The Customer agrees that such variations shall not provide grounds for rejecting the Work.
5.3 The Work is warranted to last a reasonable time. However, this warranty is dependent upon the Customer keeping the Work in suitable conditions, including keeping the Work away from direct sunlight or humid conditions. Damage or fading caused by a failure to keep the Work properly is not covered by the Artist’s warranty.
5.4 The Customer warrants that the information they give on the order form is complete and accurate.
6.1 The Artist uses reasonable efforts to ensure the accuracy of information contained on the Site, however the Artist offers no warranty of such accuracy. Except where prohibited in law, the extent of the Artist’s liability in any case shall be the value of the Work ordered in the relevant transaction. The Artist does not exclude or limit liability for death or personal injury caused by Artist’s negligence, neither does the Artist exclude (but does limit) any liability resulting from any breach of any undertaking as to title, quiet possession and freedom of encumbrance implied by law or any fraudulent misrepresentation.
7.1 The failure of the Artist to exercise or enforce any rights in these Terms and Conditions does not constitute a waiver of such rights.
7.2 If any provision of these Terms and Conditions becomes invalid or unenforceable, then that provision shall be treated as if modified to such extent as may be necessary to make it lawful and/or enforceable while having an interpretation as close as possible to the original provision. The validity, legality and enforceability of any of the remaining provisions shall not be affected by such modification.
7.3 In these Terms and Conditions, unless otherwise dictated by context:
7.3.1 The word “including” shall be taken to mean “including but without limitation”,
7.3.2 all references to date and time periods shall be construed in accordance with the Gregorian calendar and Universal Co-ordinated Time (UTC)
7.3.3 words denoting the singular shall include the plural and vice versa,
7.3.4 words denoting any gender shall mean both genders and the neutral,
7.3.5 headings are purely for ease of reference and do not form part of or affect the interpretation of the Agreement.