THE NITTY GRITTY
4.1 All orders must be submitted via this website ("https://www.marlikoen.com/", herein "website") in accordance with the instructions set out on each step and page of the checkout process.
4.2 You are responsible for ensuring the completeness and accuracy of your order details and Marli Koen will not be liable for any failure by you to provide complete and accurate information in your order.
3.3 All print orders are for custom, made to measure, on-demand photographic fine art prints.
3.4 Orders may only be deemed to have been accepted by us upon your receipt of our order confirmation in writing (which may be by e-mail), along with relevant order reference number.
3.5 We reserve the right to:
3.5.1. Reject any order submitted by you for any reason. Note, in particular, that orders by customers in certain countries may be held for inspection and checks for fraudulent payment methods prior to acceptance by us.
3.5.2. Cancel any order before delivery of the relevant print in the event any payment of the full order value fails.
3.6. Without limitation to any provisions relating to Limitation of Liability, we will not be liable or otherwise responsible for any loss or damage caused to the you by cancellation of an order by us.
5.1 Standard production and delivery times are 1-2 weeks from the point of order, although we will always endeavour to reduce this where possible.
5.2 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
5.3 Delivery will be completed when we deliver the print(s) to the shipping address you gave us when ordering.
5.4 If no one is available at the shipping address to take delivery, we will arrange with our carrier to redeliver the item. Otherwise it will be up to you to collect from the depot described on the delivery notice.
5.5 The print(s) will be your responsibility from the completion of delivery.
5.6 You own the print(s) once we have received payment in full, including all applicable delivery charges.
5.7 You are responsible for inspecting the external packaging of the prints, on receipt, and marking any noticeable damage on the delivery confirmation receipt as required by the courier.
5.8 Any items which are significantly damaged must be rejected by you, and returned to the courier at the point of attempted delivery. You must immediately inform us of any delivery rejection in order that we can contact the courier to resolve the situation.
5.9 Failure to inform us of any damage to the print(s) within 24 hours of the courier's delivery receipt confirms your acceptance of your order in good condition.
5.10 Currently we only offer local (South African) shipping and delivery. If you are a client abroad, ensure you have a local South African address to which your oder can be shipped.
7. EVENTS OUTSIDE OF OUR CONTROL
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by an event outside our control.
7.2 An event outside of our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic / pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7.3 If an event outside of our control takes place that affects the performance of our obligations under this contract:
7.3.1 we will contact you as soon as reasonably possible to notify you; and
7.3.2 our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control.
7.3.3 Where the event outside of our control affects our delivery of your print(s) to you, we will arrange a new delivery date with you after the event outside of our control is over.
6.1 All print orders are for custom, made to measure, on-demand photographic fine art prints. As such, the right to cancellation under the Consumer Protection (Distance Selling) Regulations does not apply.
6.2 Any order which has been damaged prior to delivery, where you have informed us within 24 hours of the delivery attempt (subject to the provisions in clause 5.8-5.9 - "Delivery"), will be replaced by us free of charge with a duplicate copy of the same print as ordered.
6.3 All orders that are delivered and confirmed as undamaged, or where we have not been informed of any courier damage within 24 hours of delivery, are deemed to have been accepted by you in good condition and will no longer be replaced by us for free on return of the damaged item for disposal.
6.4 Any damage caused after successful delivery is the responsibility of the customer, and any replacements will be provided subject to payment of the current print price on the website.
6.5 Damage caused during self-organised framing or mounting is the responsibility of the customer, and no refund for prints that have been spoiled in this way.
8. PRINT GUARENTEE + WARRANTY
8.1 All prints are provided with a guarantee against colour degradation and fading, limited in time to the lifetime of the original purchaser.
8.2 This guarantee means that we will provide you with replacement print of the same size, specification and image where the visible colour content has deteriorated below 60% of its original saturation and density, subject to the following conditions:
8.2.1 The print(s) must have been stored and displayed out of any form of direct sunlight during its entire lifetime.
8.2.2 The print(s) must have been protected behind a material capable of removing at least 95% of all Ultra-Violet wavelengths of light during its entire lifetime.
8.2.3 The print(s) have not been subjected to any temperature below 0°C or above 30°C during its entire lifetime.
8.2.4 The print(s) have not been touched directly by any organic object or being, nor exposed to any form of liquid or potentially damaging substance during its entire lifetime.
8.3 To invoke the guaranteed replacement warranty, a claim should be sent by you to us in writing, detailing the specifics of the damage caused by fading, including photographs of the print(s) in question.
8.4 On receipt of a valid claim, we may require further independent specialist opinion to confirm the likely cause of damage, which will be provided at our cost.
8.5 Following confirmation by us (subject to any specialist opinion), a replacement print will be provided to you free of charge.
8.6 On receipt of the replacement, the original print must be either returned to us or destroyed (at our discretion) with proof of sending or destruction being provided by you within 3 working days.
8.7 This guarantee does not apply where the print has been damaged due to obvious wear and tear during the period of possession by the customer.
9. PRICE OF PRINTS + DELIVERY
9.1 The prices of the prints will be as quoted on our site from time to time. We take all reasonable care to ensure that these prices are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of print(s) you ordered, please see clause 9.4 for what happens in this event.
9.2 Prices for our prints may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation.
9.3 The price of a Product does not include delivery charges, unless otherwise stated. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to the "Delivery" line at checkout, or in the case of bespoke images this can be found on your written quotation.
9.4 It is always possible that, despite our reasonable efforts, some of the prints on our site may be incorrectly priced. If we discover an error in the price of a print you have ordered we will inform you of this error and we will give you the option of continuing to purchase the print at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the prints to you at the incorrect (lower) price.
3. CUSTOMER RESPONSIBILITIES
3.1 By purchasing a print, you are confirming that you have read the associated print description, and selected the appropriate edition type and size as required by you.
3.2 By purchasing a bespoke size of print, you must confirm in writing the exact dimensions as required by you before your order is deemed accepted by us.
1. T+C's OF LIMITED EDITION + OPEN PRINT SALES
1.1 These terms and conditions apply to the purchase of all forms of photographic print ( herein "limited edition print", "print") across all editions - including "open edition", "limited edition" and "artist's proof" - regardless of payment amount.
1.2 The terms and conditions below form part of the contract between us (“our”, “MALRI KOEN PHOTOGRAPHY”, “we”, "SPACE+LIGHT.STUDIO) and you (“buyer”, “customer”, “you”) and are the basis on which any disagreement will be considered.
1.3 By purchasing a limited edition print, you are acknowledging and agreeing to the terms and conditions set about below.
2. DEFINITION OF EDITIONS
2.1 "Limited Edition" - A photographic fine art print, limited to a maximum edition run of 100 worldwide across all sizes. Each limited edition print is inspected, hand signed and marked with the edition type and number by Marli Koen Photography / Space+Light.Studio
2.2 "Open Edition" or "Poster Edition" - A reproduction print, unlimited in number worldwide, produced as part of a larger edition run with no signature or certification.
10. PRINT FORMATS
10.1 Unless stated on your order confirmation and receipt, all prints are delivered as "loose photographs", in a rolled tube with protective packaging.
10.2 Where we have offered framing or mounting, and this option is included on your order confirmation, the print(s) will arrive fully assembled in your chosen format, in a protective shipping container or package.
10.3 You hold sole responsibility for framing or mounting your print(s), including any damage caused during this process as detailed in section 6.
11. COPYRIGHT + OWNERSHIP
11.1 By purchasing a print from us, you understand that you own a copy of an original photograph as captured by the original creator, Marli Koen Photogrpahy / Space+Light.Studio.
11.2 At no point do you, or will you, own the copyright of any image purchased from us as a print.
11.3 Prints may NOT be reproduced, copied, shared electronically or used for any commercial purposes without our prior, express, permission and any applicable fee (as determined by us) being paid.
11.4 It is illegal to produce copies of any work which is copyrighted by us, and we reserve the right to request legal assistance to enforce any applicable laws should any breach of copyright be discovered.
12.1 You can pay for prints using our chosen secure credit card gateway, online, or by an Electronic Funds Transfer (EFT) method.
12.2 Payment for the prints and all applicable delivery charges must be made in advance.
12.3 Upon our sending of your order confirmation by email, this contract is then deemed to be in force and all applicable clauses and terms apply.
12.4 Once delivery of your order has been signed for as accepted, your order and payment are considered complete.
13. OUR RIGHT TO VARY THESE TERMS
13.1 We may revise these Terms from time to time.
13.2 Every time you order prints from us, the Terms in force at that time will apply to the Contract between you and us.
13.3 The Terms applicable to your contract will be determined as those published and active on the date your order was placed.
14 PRIVACY + DATA PROTECTION
14.1 We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
14.2 We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organisation, other than as necessary to fulfill your request, e.g. to ship an order.
14.4 Your Access to and Control Over Information
14.4.1 You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
220.127.116.11 See what data we have about you, if any.
18.104.22.168 Change/correct any data we have about you.
22.214.171.124 Have us delete any data we have about you.
126.96.36.199 Express any concern you have about our use of your data.
14.5.1 We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
14.5.2 Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
14.5.3 While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing, shipping or service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
15. JURISDICTION + DISPUTES
15.1 These terms are governed by South African Law.
15.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a print as a gift, you may transfer the benefit of our guarantee in clause 8 to the recipient of the gift without needing to ask our consent.
15.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, the recipient of your gift of a print will have the benefit of our guarantee at clause 8, but we and you will not need their consent to cancel or make any changes to these Terms.
15.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.7 This Contract for the purchase of prints through our site and any dispute or claim arising out of or in connection with it will be governed by South African law. You and we both agree to that the courts of the Republic of South Africa will have non-exclusive jurisdiction.
15.8 We will NOT file a copy of the Contract between us.