Terms & Conditions
Last update: 12th December 2024
TERMS AND CONDITIONS – ARCANA LIVING LTD
1. THESE TERMS
This agreement sets forth the principal terms and conditions, together with any forms on the Arcana Website, our Privacy Policy, our Delivery Policy “Agreement”, on which we promote our Arcana Living Products and Services.
1.2 Arcana Living Ltd operates its business by offering bespoke art products and textiles made available to our Customers either through the Arcana Website or directly. We also offer our Curiosity Club Services which are available on a subscription basis that are aimed at children and include a monthly range of workbooks, guides and activities for little explorers.
1.3 Our website can be found at www.arcanaliving.com which is owned by us and our details are listed below .“Arcana Website”.
1.4 We offer our Products through the Arcana Website which can be purchased by you through our checkout process. We further offer our Curiosity Club Services in the form of a minimum subscription term of 3 months, a month-to-month subscription or a 12-month subscription option, which you may choose as your elected Subscription Plan when you subscribe to the Curiosity Club. Our Arcana Website will guide you through our membership and ordering process.
1.5 Where you are electing to purchase any of our Products or Services or more than one, these terms will apply. Through your acceptance of this Agreement you agree to accept our Privacy Policy and Delivery Policy, which shall be incorporated into this Agreement, by way of reference.
1.6 In this Agreement, “we/us/our” shall mean Arcana Living Ltd and “you/your” shall mean you as our Customer. Each shall be a “party” and collectively referred to in this Agreement as “parties”.
1.7 This Agreement, and any contract formed between you and us, shall be in the English language.
1.8 Where you communicate to us on behalf of a company or organisation, you agree that you have authority on its behalf to proceed with us.
1.9 This Agreement shall prevail over any marketing material, or any electronic, written or oral representation made to you by us, our employees or agents.
1.10 We recommend that you please read this Agreement carefully before using the Arcana Website and before you commence your Order with us, as they affect your rights and liabilities and the basis upon which we may provide our Services to you.
1.10 We may vary this Agreement from time to time as they may apply to your use and purchase of our Products and Services.
2. DEFINITIONS
2.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
A reference to writing or written includes email, text message, or text based messages using social media or what’s app.
Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
A reference to this Agreement or to any other agreement or document referred to in these terms is a reference to this Agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this Agreement) from time to time.
References to clauses are to the clauses of this Agreement.
2.11 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
3 DISCLAIMER
3.1 Due to the nature of the Products supplied by us, only certain Products will be available exclusively through the Arcana Website and these Products may have limited quantities.
3.2 We have made every effort to display our Products as accurate as possible, but we cannot guarantee that the colours and images displayed in any of our marketing literature or in our Products generally, will be identical to the images made available in the Arcana Website.
3.3 For our Curiosity Club Services, we have carefully designed our activities to be age-appropriate for children aged 7-12. However, every child is unique, and we encourage parents or guardians to assess whether each activity is suitable for their child and you agree and accept that you will be responsible for your child’s safety when any of these activities are undertaken.
3.4 We also highlight where adult assistance may be sensible, such as with crafts involving sharp tools or cooking activities. For children under the age of 12, adult supervision is recommended when handling items such as pin badges or other sharp materials, to ensure safe use.
3.5 Please be aware that pin badges and other small items included in the Curiosity Club subscription contain small parts that could pose a choking hazard. For this reason, these items are not suitable for children under 36 months. We ask that parents keep such items out of reach of young children, babies, and individuals who may have difficulty with small parts.
3.6 Your supervision and guidance are key to ensuring a fun, safe, and enriching experience for your child in the use of our Curiosity Club Services.
4. INFORMATION ABOUT US AND HOW TO CONTACT US
4.1 We are Arcana Living Ltd, a company registered in England and Wales. Our company registration number is 14399047 and our registered office is at The Barn Meadow Court, Faygate Lane, RH12 4SJ.
4.2 You can contact us by emailing us at care@arcanaliving.com
4.3 If we have to contact you, we will do so by telephone or by email. You may also contact us via the Arcana Website.
4.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
5. HOW WE USE YOUR PERSONAL INFORMATION
5.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation.
5.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy [ADD LINK], which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information. Please take the time to read this, as it includes important terms which apply to you
5.3 You shall at all times be the legal owner of any Personal Data uploaded to the Arcana Website and we shall ensure that we maintain integrity and confidentiality of that Personal Data.
5.4 Our Privacy Policy outlines who we may share your Personal Data and details of our sub-processors. By making any purchase of our Services or Products, you authorise us to appoint Gillards, Trident Works, Marsh Lane, Temple Cloud, Bristol BS39 5AZ as a sub-processor and fulfilment centre in the delivery of our Products and/or Services.
6. OUR CONTRACT WITH YOU
6.1 Each Order by the Customer to us shall be an offer to purchase our Services or Products as applicable, and subject to this Agreement.
6.2 Upon submitting an Order with us, we will confirm with you whether we are able to offer you the Products and/or Services at your request. If we are unable to complete your Order howsoever, we will advise you of this.
6.3 Before making an Order, you will be given the opportunity to make amendments, and we recommend that you check everything carefully before submitting your Order.
6.4 This Agreement will become binding on you and us when we confirm your Order in writing to you either by email or via the Arcana Website, at which point a contract will come into effect.
6.5 Where you place an Order to buy a Subscription Plan for the Subscription Term, you will be committing to have the appropriate Subscription Fees taken from your chosen payment method. Whilst the Curiosity Club Services are aimed at children, we will only provide our Subscription Plans to Customers over the age of 18 years old.
6.6 Any amendments to the Order will only be effective, if agreed by us in writing.
6.7 All prices listed on the Arcana Website are subject to change. We also reserve the right to modify or withdraw any Products and Services from the Arcana Website without notice.
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Products and Services that we provide to you must be as described, fit for purpose and of satisfactory quality.
We are under a legal duty to supply you with our Products and Services that are in conformity with this Agreement.
The packaging of the Products and Services may be different from that shown on the Arcana Website.
While we try to make sure that:
all weights, sizes and measurements set out on the Arcana Website are as accurate as possible; and the colours of our Products are displayed accurately on the Arcana Website, the actual colours that you see on your device screen may vary depending on the device that you use, and the calibration of the screen.
Any Products sold at discount prices, as remnants or as substandard, will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
If we can’t supply certain Products, we may offer you with alternative options of equal or better standard and value. In this case: we will let you know if we intend to do this; and you can refuse to accept such alternatives; in which case we will offer you a refund, cancel your Order or propose a replacement.
7. SUBSCRIPTION PLANS
7.1 Your Subscription Term, as applicable, will be in accordance with your chosen Subscription Plan, and this Agreement shall remain valid for the duration of your subscription to our Services, unless terminated otherwise by this Agreement.
7.2 Depending on your chosen Subscription Plan, this will determine the Subscription Term, which at the conclusion of the Subscription Term will revert to a monthly Subscription Plan, unless terminated.
7.3 When you sign up for your Subscription Plan, you do so for the following month’s box for the Curiosity Club Services.
7.4 Any promotional discounts used during initial signup will not carry over to future renewals. It is your responsibility to manage your subscription settings and cancel before the renewal date if you do not wish to continue. Refunds are not provided for auto-renewals that occur before a cancellation is processed.
7.5 Notwithstanding your general cancellation rights in clause 12 of this Agreement, you can cancel your subscription at any time depending on your chosen Subscription Plan. If you cancel before the end of a commitment period in your chosen Subscription Plan (e.g., 3 or 12 months), you will still be charged for the remaining months. Month-to-month subscriptions can be cancelled after the first month. For prepaid subscriptions, the Curiosity Club Services will continue until the end of the prepaid term, at which point your Subscription Plan will be terminated.
7.6 Discounted subscriptions require completion until the end of the Subscription Term according to your chosen Subscription Plan. If you cancel early, any discounts applied will be revoked, and you will be charged the standard monthly rate.
8. OUR RESPONSIBILITIES
8.1 We shall provide the Products and/or Services in accordance with your Order.
8.2 Where our Arcana Website contains links to other sites and resources provided by third parties, these links are provided for your information only but may contain affiliate links, where we have linked other businesses. We have no control over the contents of those sites or resources and we accept no liability for the content of third-party sites.
9. YOUR RESPONSIBILITIES
9.1 You agree to provide us with all information that is necessary to enable us to provide the Services to you.
9.2 Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions of this clause shall not be our responsibility or fault.
9.3 You agree that you shall always comply with applicable Bribery Laws and any other Applicable Laws.
10. DELIVERY
10.1 Our delivery fees are indicated to you at the point of Order and shall also be shown on our invoice to you.
10.2 We refer you to our Delivery Policy for further details about our delivery terms. We shall aim to deliver your Order on the agreed delivery date to the address nominated by you in your Order. Due to the nature of our Products and the fact they are handmade and bespoke, preorders may take up to 6 weeks to be made and delivered, but please note that we can only provide estimated delivery times from the point of Order, and we cannot be held responsible for delays or unforeseen events as we use third parties in the delivery process.
10.3 We are not responsible for delays outside our control. If our provision of the Products or our Services is delayed by an Force Majeure Event, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products or Services you have paid for but not received.
10.4 Our Products are unique and handmade. If we are unable to deliver your Order within 2 months, we may cancel your Order straight away and refund to you any sums paid by you, unless we have notified you of the intended delay and you are agreeable to this.
10.5 Where any delivery relates to a Subscription Plan, you may request a replacement or refund within 30 days of the box’s dispatch, if you do not receive the first delivery. All boxes are tracked, and you will receive tracking details via email when your Order is shipped. If you do not receive these details, contact us for assistance by email care@arcanaliving.com.
11. FEES AND PAYMENT OF ORDERS
11.1 Upon completing an Order with us, you will be required to make a payment to us whether it shall be the appropriate Subscription Fees payable, or to pay for your chosen Products or Services. Payments shall be made via the Arcana Website using your chosen payment method. Where you agree to a Subscription Plan, we will deduct the appropriate Subscription Fee on the agreed payment instalment.
11.2 Please note that our fees for our Products or the Subscription Fees do not include our delivery fees which are payable in addition, and in accordance with our Delivery Policy.
11.3 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products and/or Services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
11.4 Time of payment is of the essence. Where sums due under this Agreement are not paid in full by the due date:
We may, without limiting our other rights, charge interest on such sums at 4% a year above the base rate of the [ ADD BANK ] bank from time to time in force; and
interest shall accrue on a daily basis and apply from the due date for payment until actual payment in full, whether before or after judgment.
11.5 The prices shown on our Arcana Website at the point of submitting your Order, will apply in the appropriate currency. We are not currently registered for VAT, but where VAT shall apply, it will be applied at the time your Order is placed. Unless as otherwise specified by us, our invoice which will only be provided to you once an Order has been accepted, shall list the price you are paying, what VAT is payable and what delivery charges are included. To the extent any further import taxes or duties are payable, these will also be included on the invoice. If the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.6 We reserve the right to increase our fees as advertised by us or on our Arcana Website from time to time, but where this may affect you, we will notify you of any increase.
11.7 If we have not received payment from you at the point upon which your Subscription Fees are due, and within 7 days after the due date, and without prejudice to our other rights and remedies as may be available to us, including the right to terminate, we may suspend our Services.
11.8 All prices payable by you to us must be paid in full, without set off or deduction. We reserve the right to suspend the supply of any Products to you from your Order, or to terminate this Agreement if you fail to pay for your Order, on or before the due date.
11.9 Where you have purchased our Curiosity Club Services, unless cancelled, you will be billed according to your Subscription plan (monthly or annually). If your payment method expires and is not updated, we reserve the right to continue charging your stored payment method until the account is updated or cancelled. It is your responsibility to keep your payment information current with us.
11.10Subject to clause 11.9, if your payment method fails for whatever reason; we will contact you to obtain updated payment information. If we are not able to contact you, we will suspend your Subscription Plan and the use of the Curiosity Club Services until this is resolved. If we do not hear from you within 3 months of such contact, we reserve the right to terminate your Subscription Plan with immediate effect.
12. CANCELLATION RIGHTS
12.1 This Agreement shall commence on the acceptance of this Agreement and will remain in force until it is terminated by either you or us in accordance with this clause 12.
12.2 If you are an individual entering into this Agreement, you have the right to change your mind and may cancel your Order or this Agreement before commencing the Services with us, subject to these terms. Any cancellation must be within 14 days from the date of Order and must be communicated to us in writing. To do this, you must formally notify us of your intention by written notice by emailing us or writing to us at care@arcanaliving.com. In the event that you have already received any benefit of our Services, these will be deducted from any refund due to you.
12.3 If you are entering into this Agreement as a business, we will only agree to a cancellation of our Services at our discretion, otherwise this Agreement shall remain in operation until the expiry of the Subscription Term.
12.4 Where you are purchasing our Products and place an Order, if you change your mind and no longer wish to proceed with the purchase of the Product, you may cancel your Order, subject to this Agreement:
12.4.1 you can notify us by email to care@arcanaliving.com, before we have dispatched your Order to you and unless your Order was bespoke, we can organise a refund or exchange;
12.4.2 where your Order has already been delivered, by returning the Products to us in accordance with clause 12.5 below; and
12.4.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
12.5 You can return your Product(s) to us for any reason provided that you notify us in writing within 14 days of the delivery date (beginning with the day following delivery of your Order) for a full refund or exchange and the Product is returned to us in its original, unused condition. The cost of returning the Order to us shall be payable by us for returns to the UK and for any international returns, the cost of returning the Order shall be borne by you.
12.6 On safe receipt of the Product(s) we shall refund you in full the amount paid, or an exchange where requested.
12.7 In the event that your Product is faulty, or in the extremely rare event that the Product is not the one you ordered, you must contact us with photographic evidence to support and we will then advise you on the next steps, such as whether we need to organise a collection and refund / exchange. We will schedule collection at our expense.
12.8 The provisions of this clause 12 does not exclude your statutory rights.
OUR LIABILITY TO YOU
13.1 We will only be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of this Agreement or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.
Our maximum aggregate liability for a breach of this Agreement (including any liability for the acts or omissions of its employees, agents or subcontractors) whether arising in contract, tort (including negligence), misrepresentation or otherwise shall in no circumstances exceed the price that you have paid to us under this Agreement for your Order. In any case, we shall only be obliged to compensate for personal and direct damage to you for which we are liable.
We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in this Agreement seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.
Occasionally, there may be information in the Arcana Website which is inaccurate, and we shall not be liable for any mistakes or representations made in the Arcana Website. We reserve the right to make such changes at our discretion.
Nothing in this Agreement seeks to exclude your rights as a consumer. For more information about these rights, please refer to your local Citizens Advice Bureau.
14. TERMINATION OF THIS CONTRACT
14.1 We may end this Agreement with you at any time by contacting you ifyou do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due.
14.2 This Agreement will automatically terminate upon our delivery of your Order to you, unless you have a Subscription Plan with us for our Services, in which case this Agreement will remain in effect for as long as the Subscription Term, as long as all payments have been made in connection with this Agreement.
Without affecting any other right or remedy available, either party may terminate this Agreement if:
the other party commits a material breach of any term in this Agreement which is irremediable or (if such breach is remediable) fails to remedy such breach within 28 days after being notified in writing to do so;
the other party repeatedly breaches any terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;
the other party suspends, or threatens to suspend payments of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed to pay its debts;
the other party commences bankruptcy or enters a voluntary arrangement with creditors.
14.4 On termination for any reason, all rights and licences granted to you under this Agreement will end and you will not be permitted access to the Arcana Website.
INTELLECTUAL PROPERTY RIGHTS
15.1 We own or licence all rights, title and interest in and to all of our Intellectual Property Rights including, but not limited to the copyright and trademarks in the Arcana Website and our Products and Services. Except as expressly stated in this Agreement, this Agreement does not confer any other rights or transfer of our Intellectual Property Rights in the Arcana Website and all rights not expressly granted are reserved by us. The structure, code and organisation of the Arcana Website are the valuable trade secrets and Confidential Information of us.
15.2 You agree that you must not copy, duplicate, reproduce, modify, or create derivative works from or otherwise modify our Arcana Website, or any of our digital or physical Products and/or Services, without our express written consent.
15.3 We confirm that the copyright in all of the designs in the Products and Services supplied by us belongs to us and does not infringe the Intellectual Property Rights of any third party.
CONFIDENTIALITY
16.1 During the term of the Agreement and for a period of five years thereafter, each party undertakes not to disclose any Confidential Information to any third party regarding the other party’s activities which may be deemed business or professional secrets without the other party’s consent. Information which the party states to be confidential shall always be deemed to be a business or professional secret.
16.2 The confidentiality obligation does not include such information which was in the other party's lawful possession before the disclosure; is lawfully disclosed to the receiving party by a third party without restriction on disclosure; is independently developed by the receiving party, which independent development can be shown by written evidence; or is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
16.3 Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party or use the other's Confidential Information for any purpose other than the implementation of this Agreement.
16.4 This clause shall survive termination of this Agreement, however arising.
WARRANTIES
We warrant that the Products will be free from defects and as described on the Arcana Website. Minor colour variations due to screen differences are not grounds for return.
Our Products and Services will last under normal conditions. Exposure to direct sunlight or humidity may cause damage, depending on the Products, and therefore would not be covered under our standard warranty which a consumer is entitled to.
18. WHOLE AGREEMENT
18.1 This Agreement constitutes the entire agreement between you and us regarding your Order and the available Products and our provision of all Services including the Curiosity Club Services.
19. VOUCHER CODES & GIFT CARDS
19.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to Orders made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per Customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the Order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of this Agreement. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
If we offer online gift cards, these can only be used for eligible Products on our Arcana Website. Any purchases are deducted from your gift card balance, and you must pay the difference if you buy something which exceeds your balance.
You must not sell gift cards or transfer them between accounts on our site or use them in a way which is unlawful or breaches these terms and conditions. You must not attempt to, or encourage, anyone else to do any of these things.
We may suspend or cancel gift cards and/or close any relevant account and/or cancel any relevant purchase if a relevant payment is charged back or otherwise cancelled or reversed or if we think that the gift cards have been used fraudulently, illegally or in breach of these or our website terms and conditions.
We do not provide any cash or refunds for gift cards (except as required by law).
19.6 Gift cards expire within any expiry period that we tell you about when you buy the gift cards.
20. MISCELLANEOUS
20.1 You may not transfer your rights or obligations under this Agreement, but we may transfer our rights under this Agreement to someone else.
20.2 Nobody else has any rights under this Agreement. This Agreement is between you and us.
20.3 The invalidity of one or more of the provisions of the Agreement between the parties does not affect the validity of the remaining provisions. If a provision should be invalid, the parties shall replace it by a new provision that adheres as closely as possible to the objectives of the original provision.
20.4 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date.
20.5 The abstinence from, or failure to, exercise or enforce its rights by one party with respect to the other party will under no circumstances constitute a waiver thereof, unless such a waiver is in writing and signed by the waiving party. No waiver shall be deemed to be a waiver of any subsequent breach nor any breach of any other provision.
20.6 Neither party shall be deemed by virtue of this Agreement to be an agent or partner of the other and each party will make clear in all dealings with third parties that it has no authority to make representations on behalf of the other or to bind the other contractually with any third party.
20.7 The Contracts (Rights of Third Parties) 1999 shall not apply to this Agreement and person other than the parties to this Agreement shall have any rights under it.
21. DISPUTES
21.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Products you ordered, our Service to you or any other matter, please contact us as soon as possible using the email care@arcanaliving.com. This is the fastest way of getting in touch.
If a dispute cannot be or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
You can submit your dispute to CEDR by going to Dispute Resolution, Conflict Management & Mediation Services - CEDR. CEDR is the ADR provider we use and is approved by the government to provide ADR services.
If you do not wish to use ADR, you can still bring court proceedings.
The laws of England and Wales apply to this Agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.