Terms and conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which Arkanem supply any of the products (Products) listed on Arkanem’s website, www.arkanem.com (Arkanem Site) to you. Please read these terms and conditions carefully before ordering any Products from Arkanem’s Site. You should understand that by ordering any of Arkanem’s Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT US

1.1 www.arkanem.com is a site operated by ARKANEM (Arkanem) sole proprietor Annie Nicholas. Arkanem registered office is situated at The Stables, Wicken, Milton Keynes, MK19 6BS. Arkanem’s main trading address is The Stables, Wicken, Milton Keynes, MK19 6BS. Arkanem is not registered for VAT.

2. YOUR STATUS

By placing an order through the Arkanem Site, you warrant that:

(a) The personal details you supply will be true, complete and accurate

(b) You are legally capable of entering into binding contracts; and

(c) You are at least 18 years old;

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND ARKANEM

3.1 After placing an order, following the instructions agreed by contcting Arkanem direct, you will receive an e-mail or written letter from Arkanem acknowledging that Arkanem have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Arkanem to buy a Product. All orders are subject to acceptance by Arkanem, and Arkanem will confirm such acceptance to you by sending you an e-mail or written letter that confirms that the Product has been despatched (the Despatch Confirmation). The contract between Arkanem (Contract) will only be formed when Arkanem send you the Despatch Confirmation.

3.2 The Contract will relate only to those Products whose despatch Arkanem have confirmed in the Despatch Confirmation. Arkanem will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

4. OUR STATUS

4.1 Arkanem may also provide links on the Arkanem Site to the websites of other companies, whether affiliated with Arkanem or not. Arkanem cannot give any undertaking, that products you purchase from third party sellers through the Arkanem Site, or from companies to whose website Arkanem have provided a link to through the Arkanem Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by Arkanem absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. Arkanem will notify you when a third party is involved in a transaction, and Arkanem may disclose your customer information related to that transaction to the third party seller.

5. CONSUMER RIGHTS

5.1 You may cancel an order by notifying Arkanem by email or via Contact us. (Cancellation Procedure). Should your order already have been despatched or in the process of delivery after you have informed Arkanem of cancellation, you should return the Product(s) to Arkanem at any time within 14 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with Arkanem’s refunds policy (set out in clause 9 below).

5.2 To cancel an order, you must inform Arkanem in writing. If the Products have been despatched, You must also return the Product(s) to Arkanem immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, Arkanem may have a right of action against you for compensation.

You will not have any right to cancel a Contract for Specific Requests or Commissions once confirmed.

6. AVAILABILITY AND DELIVERY

The Products will be delivered to the delivery address you gave Arkanem when you ordered them. Arkanem will do their best to ensure that any Products being delivered within the European Economic Area (EEA) are delivered within 10 – 14 working days after acknowledgement of receipt of your order. If you ask Arkanem to deliver the Products anywhere outside the EEA, Arkanem will do their best to dispatch them within 10-14 working days, after Arkanem have acknowledged receipt of your order, Arkanem’s Despatch Confirmation will inform you as to when the Products should be delivered. Arkanem cannot, however guarantee any delivery date and cannot be responsible for the consequences of any delay in delivery of the Products.

7. PRICE AND PAYMENT

7.1 The minimum print price (prices from) will be as quoted on the Arkanem site from time to time, except in cases of obvious error.

7.2 These prices include carriage and delivery costs within the EEA

7.3 For all other orders above the minimum price, enquiries, special requests or commissions, Arkanem will always confirm the full all inclusive price in writing and via email prior to accepting payment and sending the Despatch confirmation. For larger orders, or orders for delivery outside the EEA, there may be an additional cost for carriage and delivery.

7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which Arkanem have already sent you a Despatch Confirmation.

7.5 The Arkanem site contains a large number of Products and it is always possible that, despite Arkanem’s best efforts, some of the Products listed on the Arkanem Site may be incorrectly priced. Arkanem will normally verify prices as part of Arkanem’s despatch procedures so that, where a Product's correct price is less than Arkanem’s stated price, Arkanem will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on the Arkanem Site, Arkanem will normally, at its discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

7.6 Arkanem are under no obligation to provide the Product to you at the incorrect (lower) price, even after Arkanem have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

7.7 Payment for all Products must be by Cheque, PayPal or cash. Arkanem may also accept other payment methods by mutual agreement, should you wish to arrange for a different method of payment or have a payment query, simply Contact Us. All cheques should be made payable to Annie Nicholas.

8. OUR LIABILITY

8.1 Arkanem warrant to you that any Product purchased from Arkanem through the Arkanem Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

8.2 If the above warranty is breached, Arkanem, will either replace the Product free of charge at Arkenem’s discretion or refund the purchase price.

8.3 Arkanem’s liability for losses you suffer as a result of Arkanem breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of Arkanem breaking the agreement. Losses are foreseeable where they could be contemplated by you and Arkanem at the time your order is accepted by Arkanem.

8.4 This does not include or limit in any way Arkanem’s liability:

(a) for death or personal injury caused by our negligence (if the Products have already been dispatched);

(b) under section 2(3) of the Consumer Protection Act 1987;

(c) for fraud or fraudulent misrepresentation; or

(d) for any matter for which it would be illegal for Arkanem to exclude, or attempt to exclude, our liability.

9. OUR REFUNDS POLICY

9.1 When you return a Product to Arkanem:

(a) because you have cancelled the Contract with Arkanem within the 14 day cooling-off period (see clause 5.1 above), Arkanem will endeavour to process the refund due to you as soon as possible and, in any case, within 14 working days of the day you have given notice of your cancellation or 14 working days after the Products have been returned to Arkanem. In this case, Arkanem will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to Arkanem.

(b) for any other reason (for instance, because have notified Arkanem that you do not agree to any change in these terms and conditions or in any of Arkanem’s policies, or because you claim that the Product is defective), Arkanem will examine the returned Product and will notify you of your refund via e-mail or written letter within a reasonable period of time. Arkanem will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day Arkanem confirmed to you via e-mail or written letter that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full and the cost incurred by you in returning the item to Arkanem.

9.2 Arkanem will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9.3 Arkanem will not cancel, refund or replace any order unless the Cancellation Procedure is followed (As outlined in clause 5.1 above)

10. IMPORT DUTY

10.1 If you order Products from Arkanem for delivery outside the EEA, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that Arkanem have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. Arkanem will not be liable for any breach by you of any such laws.

11. COPYRIGHT

11.1 The copyright in all the Products belong to Arkanem. This means that you are not allowed to copy or reproduce all or any part of the Products in any medium or in any form or create derivative works from them. You can only display or sell or otherwise exploit the works for commercial gain with Arkanem’s prior written consent, and that consent will be subject to your agreeing to show clearly that Arkanem are the owners of the copyright in the Products.

11.2 The copyright in all materials (including, but not limited to text, and all images, photos and illustrations, names, logos, trade and service marks and the Products) on the Arkanem Site belong to Arkanem. This means that you may not copy, republish, upload, transmit or distribute any of those materials without Arkanem’s prior written consent.

11.3 If you make a specific request, the copyright in the resulting Products will belong to Arkanem which means that your rights in the work are as set out in clause 11.2 above.

11.4 If you commission specific work from Arkanem, Arkanem will formally assign the copyright in the finished work to you and not reserve any rights in it.

11.5 When you make a specific request or commission Arkanem to create a Product, you warrant to Arkanem that the idea for the work is entirely your own and that the finished work will not infringe anybody’s else’s copyright or any other intellectual property rights of any kind anywhere in the world. If anybody subsequently claims that their rights are infringed by the completed work, you will indemnify Arkanem against all losses and expenses Arkanem suffer as a result of that claim.

12. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications Arkanem send to you should be in writing. When using the Arkanem Site, you accept that communication with Arkanem will be mainly electronic. Arkanem will contact you by e-mail or provide you with information by posting notices on the Arkanem Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Arkanem provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. NOTICES

All notices given by you to Arkanem must be given to Arkanem at www.arkanem.com . Arkanem may give notice to you at either the e-mail or postal address you provide to Arkanem when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on the Arkanem Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. EVENTS OUTSIDE OUR CONTROL

Arkanem will not be liable or responsible for any failure to perform, or delay in performance of, any of Arkanem’s obligations under a Contract that is caused by events outside our reasonable control.

15. WAIVER

15.1 If Arkanem fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if Arkanem fail to exercise any of the rights or remedies to which Arkanem are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2 A waiver by Arkanem of any default shall not constitute a waiver of any subsequent default.

15.3 No waiver by Arkanem of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

16. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

17.1 Arkanem have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Arkanem’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Arkanem’s system's capabilities.

17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from Arkanem, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Arkanem notify you of the change to those policies or these terms and conditions before Arkanem send you the Dispatch Confirmation (in which case Arkanem have the right to assume that you have accepted the change to the terms and conditions, unless you notify Arkanem to the contrary within seven working days of receipt by you of the Products).

18. LAW AND JURISDICTION

Contracts for the purchase of Products through the Arkanem Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Terms of Use

Arkanem and their Web Developers have made every effort to design this website to be useful, informative, helpful and hopefully to inspire you on the journey you take while browsing through the images shown here. Arkanem encourages interaction from all of its visitors and if there are any improvements or changes you would like to see or that would make it even easier for you simply contact us.

Arkanem ask that you agree to abide by the Terms and Conditions, so please take a few minutes to read them carefully. Obviously, if you do not agree with any of the stipulations or requisites contained here please do not use this site. Arkanem reserve the right to make any changes or modifications that they may deem necessary at any time; therefore please continue to check these terms each time you visit. Your continued use of this website means you accept all changes.

Product Description & Information

Arkanem take the best of care and attention to ensure that all details, descriptions and prices are correct at the time of entry onto this website and are kept updated at all times; however occasionally this may not always be exactly the case due to timing, particularly such as an original piece of art being sold or no longer available. In cases such as these Arkanem will always endeavour to offer a best solution to avoid disappointment.

Arkanem make no warranty that this website will meet your requirements, will be uninterrupted, timely or completely error free, or that at all times the site or server are free of viruses or bugs; although all endeavours will have been made to verify the accuracy of the information and any defects that may be contained here. Arkanem is not responsible for any loss of content or material uploaded or transmitted through this website.

Website Use

By using this website you agree to comply with all the applicable laws, statutes, regulations, terms and conditions set out here and any transaction, communication or direct contact conducted through the website or as a result of the use of the website that you enter into any direct trade, purchase or specific request with Arkanem.

Arkanem strictly adhere to their Customer Acceptance policy and all purchases, orders or specific requests are subject to acceptance of this policy.

All payments will be confirmed via email confirmation or written letter in the same way and form a contract between you and Arkanem. It is your duty and responsibility to keep a copy of the email order confirmation as a receipt of your purchase and the email despatch confirmation as a record of the transaction and contract obligations between you and Arkanem.

Your order may not be accepted if you do not meet Arkanem’s Customer Acceptance policy, authorisation for payment or payment has not been cleared, there has been an error in the price assigned to the product/s you have selected, there has been an error in the description, detail or information of the product/s you have selected; the product you have selected is no longer available or has been withdrawn or there is an issue that has been identified with your eligibility to order from Arkanem or this website.