Terms and Conditions

Please note that nothing contained in these standard terms & conditions is intended to affect, nor will it affect a consumer’s statutory rights. These Terms and Conditions are subject to English law.
Definitions

1. “Company” = Markela K Photography and associated trading brand names
2. “Our, Us, We” = Markela K Photography and associated trading brand names
3. “You, customer” = the person, persons, or body corporate which is buying from us
4. “Agreement” = Terms & Conditions
5. “Services” = Both services and products provided by Markela K Photography and associated trading brand names
6. “Goods”= the product that we are selling to you

 
Company Information
Markela K Photography is a solely owned company.
Website Address www.markela-k.com

Basis of Sale

1. The order and the price will be considered by us to set out the whole agreement between you and us for the sale of the goods. Please check that the details on the order are complete before you commit yourself to the contract. If you think that there is an omission or a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. When you are ordering Goods from us, please ensure that you read and understand these Terms before you submit your Order, because you will be bound by the Terms once a contract comes into existence between us.
2. Any descriptions or images we issue are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
3. If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
4. The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
5. These Terms shall become binding on you and us when:
   1. We notify you that the Goods are ready, whichever is the earlier, at which point a contract shall come into existence between us.
   2. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
   3. Please quote the Sales Invoice number (where applicable) in all subsequent correspondence with us relating to the Order.
   4. We issue you with a Sales Invoice;

The Goods

1. We warrant that when the goods are ready and have been delivered
   1. All material will conform with their description
   2. Be of satisfactory quality
   3. Will comply with all applicable statutory and regulatory requirements for selling goods in the United Kingdom
2. This warranty does not apply to any defects in Goods arising from wear and tear, wilful damage, accident, negligence by you or any third party, or any alteration or repair you carry out without our prior written approval.
3. Responsible steps will be taken to ensure you receive your goods in good condition.
4. It is your responsibility to examine your artwork carefully for any damage and to contact us as swiftly as possible should any defects be identified, in order that we can take the necessary steps to repair, replace, or if necessary refund the goods. We therefore request that upon receipt of your artwork you remove all packaging and inspect the piece closely to ensure that it is in perfect condition. Should you be less than satisfied with the quality of the artwork itself or any aspect of the frame, you should advise us no later than 14 working days after taking possession of the goods. Any delay to you notifying us might impact upon our ability to rectify the issue for you.
5. When caring for your artwork. If your artwork has a hand applied resin finish, note that all resin coats can scratch, mark and can discolour and age over time. When cleaning, never use water and avoid chemical and abrasive cleaners. We are unable to be held liable for conditions of use or storage within your home after any cooling off period ends.

 Use of Service

1. You agree to be responsible for any claims, costs, expenses or legal proceedings caused as a result of your use of our services in contravention to our terms and conditions
2. The company shall be fully entitled to cancel any pending orders and terminate any access permission granted to you by the company immediately and without notice.

Shipping & Returns

1. The company accepts no liability for failure to abide by quoted service times resulting in any customer direct or indirect loss
2. The company reserves the right to make deliveries by installments and if auctioned does not contravene terms and conditions to supply product and services provided as per terms and conditions. It does alter payment terms as per company standard terms and conditions.
3. The company shall not be liable or in breach of contract, terms and conditions for any reason of any delay or failure to fulfill obligations as supplier if delay or failure due to cause or reason out of the company control. Without prejudice the following are reasons or causes beyond the company’s reasonable control.
   1. Act of God, explosion, terrorism, flood, tempest, local or global pandemic, fire, accident
   2. War or threat of war, sabotage, insurrection, civil disturbance, or requisition
   3. Acts, restrictions, byelaws, prohibition or measures of any governmental, parliamentary or local authority part.
   4. Import, export regulations or embargoes
   5. Strikes, lockouts, industrial action, trade disputes whether directly or indirectly involving the company or third-party employees
   6. Shortages in raw material, labour fuel and or machinery parts including power failure and or breakdown in machinery.
4. Delivery of service and product by the company is to requested delivery address, if there is a delay, failure to deliver due to any act or omission by the customer the company retains the right to further charge for any subsequent deliveries
5. All customer returns must be authorised by the company before return shipping, email the company on info@markela-k.com for approval.
   1. Authorised returns only for those products supplied by the company that damaged in transit or have confirmed build defect.
   2. Authorised returns must first be photographed and emailed to the company for insurance claims with courier services employed by the company.
   3. Credit or refund process, the choice of the customer to either have a completely new product or service produced by the company at no charge, alternatively a full refund within 14 working days of receipt of product by the company by the applicable methods of either cheque, credit card refund or bank transfer.
   4. Due to the nature of producing personalised products unique and pertaining exclusively to the company customer and their client that has no alternate avenue for resale, no refund will be made available to customers for product or services ordered to their specification out with stock item materials and build techniques.

Cancellation & Liability

1. Due to the nature of producing personalised products unique and pertaining exclusively to the company customer and their client that has no alternate avenue for resale, cancellation of a single framed fine art photography order must be received within 24hrs of order placement. Cancellations of multiple framed fine art prints orders must be received within 1hour of working day of order placement.
2. All sizes and dimensions quoted within company website, literature and ordering platforms due to nature of utilising latest technology tolerances are minimal but remain approximate, however it is the clients sole responsibility to inform the company prior to order placement if size is critical and to be exact.
3. Colour rendition and accuracy is of the highest standards throughout the company facility and various printing techniques, colour matching is a subjective opinion and whereas the very latest equipment and technology is utilised to produce multiple products and prints for the customer, the company will strive to achieve the closest colour match to the original, however in the unlikely event this cannot be achieved the company reserves the right to cancel the order with out any financial or otherwise recourse.

Pricing & Payment

1. Pricing is valid and applicable to the current company price list as of date of order placement. All prices exclude delivery charge.
2. Payment in full is made at time of order and we accept Paypal, Mastercard, Visa, Amex, Debit Cards, Android Pay, ApplePay and for large or offline orders bank transfer.
3. Custom Sized Products where applicable and available will receive a 25% increase in price from next larger size available to requested custom size.

General
We reserve the right to modify, suspend or discontinue these services offered through any of our websites or outlets whether online or physical without any prior notice nor liability.

Privacy Policy
Please visit our Privacy Policy Page here https://www.markela-k.com/privacy-policy.html
 
Customer Service
If you have any enquiries relating to the above or if you have any questions regarding an order or indeed require more information relating to the products and services please contact us on info@markela-k.com