Terms of service
Last updated: 12 August 2026
These Terms of Service apply to the use of magdamalakart.com and to purchases made from Magda Malak Art.
Magda Malak Art is operated by Magda Malak, an independent artist based in Portland, Dorset, United Kingdom.
Please read these terms before purchasing an artwork or using this website. Nothing in these terms affects your statutory consumer rights.
CONTACT DETAILS
Magda Malak Art
37 Haylands
Portland
Dorset
DT5 2LA
United Kingdom
Email: contact@magdamalakart.com
ABOUT THE WEBSITE
This website is hosted by Shopify, which provides the ecommerce platform used to display and sell original paintings, limited-edition prints and related services.
You may use the website only for lawful purposes. You must not interfere with its security or operation, introduce malicious software, attempt unauthorised access, harvest personal information or use its content in a way that infringes another person’s rights.
ARTWORK INFORMATION
I take reasonable care to describe and photograph every artwork accurately.
Original paintings are unique, handmade works. Natural variations in texture, brushwork, surface, edges and finish are part of the artwork rather than defects.
Limited-edition prints are produced in a stated edition size. Each edition is signed and numbered unless the individual product description expressly states otherwise.
Artwork dimensions are stated as accurately as reasonably possible. Small variations may occur in handmade or hand-finished items.
COLOUR AND DISPLAY
I make every reasonable effort to represent colours, tones and textures accurately. However, screens and devices reproduce colour differently, so the artwork may appear slightly different in person.
This does not affect your rights where an item is materially different from its description.
AVAILABILITY
Original paintings exist as single works and are sold subject to availability. Limited editions are restricted to the edition size stated on the relevant product page.
Placing an item in your basket does not reserve it.
If an original artwork is sold through another gallery, exhibition or sales channel before the website can be updated, I will contact you promptly and issue a full refund.
ORDER ACCEPTANCE
After placing an order, you will receive an automated acknowledgement. This confirms that the order has been received but does not necessarily mean it has been accepted.
A contract is formed when I confirm acceptance of the order or dispatch the artwork, whichever happens first.
I may decline or cancel an order where:
- The artwork is no longer available
- The price or description contains an obvious error
- Payment cannot be authorised
- Delivery cannot reasonably be arranged
- The order appears fraudulent or unlawful
- I reasonably believe the purchase is intended for unauthorised commercial reproduction or resale
If payment has already been taken for an order I cannot fulfil, it will be refunded in full.
PRICES AND PAYMENT
Prices are shown in pounds sterling unless another currency is displayed through the website.
Delivery charges and any applicable taxes are shown at checkout where possible. Large, fragile or international artworks may require an individual delivery quotation.
Payment must be successfully authorised before an artwork is dispatched.
Prices may change at any time, but changes will not affect an order that has already been accepted. If an obvious pricing error occurs, I will contact you before accepting the order and give you the choice of proceeding at the correct price or cancelling.
Payment information is processed securely by Shopify and its payment providers. Magda Malak Art does not directly receive or store complete payment-card details.
ORIGINAL PAINTINGS
Purchasing an original painting transfers ownership of the physical artwork to you once full payment has been received.
It does not transfer copyright, reproduction rights or other intellectual-property rights.
Unless expressly agreed in writing, you may display and resell the physical artwork but may not reproduce it commercially, create prints or merchandise from it, license its image or use it for advertising or commercial branding.
LIMITED-EDITION PRINTS
Limited-edition prints remain protected by copyright.
Purchasing an edition gives you ownership of that physical print only. It does not grant permission to copy, scan, reproduce, publish, alter, license or commercially exploit the image.
Edition numbers are allocated according to my normal studio process and cannot be guaranteed unless agreed before purchase.
COMMISSIONS
Commissioned paintings are governed by these terms together with the individual written commission agreement or proposal provided before work begins.
The commission agreement should confirm:
- The agreed size and general brief
- The price and payment schedule
- Any deposit
- The estimated completion period
- Framing and delivery arrangements
- The opportunity to review the work
- Cancellation arrangements
Because commissioned artwork is created by hand, the final painting will be an original artistic interpretation rather than an exact photographic copy or digital mock-up.
Commissioned and personalised artworks may be excluded from change-of-mind cancellation rights where they are made to an individual customer’s specifications. This does not affect your rights if the finished artwork is faulty, damaged, incorrectly supplied or materially inconsistent with the agreed description.
Any deposit and cancellation terms will be explained before the commission begins. Any amount retained following cancellation will be reasonable and reflect work completed, materials purchased and losses actually incurred, subject to applicable consumer law.
FRAMING
Where framing is included, the frame style and approximate finished dimensions will be described on the product page or agreed separately.
Frames may contain natural wood grain, joins or small handmade variations. These are not normally defects.
A framing, mounting or sizing option made specifically to an individual customer’s requirements may be treated as bespoke. Standard framing options offered directly on the product page will not automatically be treated as personalised merely because they are prepared after ordering.
DELIVERY
Preparation periods are estimates and are separate from the delivery time after dispatch.
Delivery arrangements, preparation estimates, insurance and international shipping information are explained on the Shipping & Delivery page:
https://magdamalakart.com/pages/shipping-delivery-1
I will take reasonable care to prepare and dispatch orders within the stated timeframe. If a significant delay occurs, I will contact you.
Responsibility for the artwork remains with Magda Malak Art until it is delivered into your physical possession or to a person you have identified to receive it.
If you independently appoint a carrier that I did not offer or arrange, responsibility may pass when the artwork is handed to that carrier, as permitted by law.
INTERNATIONAL ORDERS
International customers are responsible for checking whether an artwork may legally be imported into the destination country.
Import duties, local taxes and customs charges are normally the recipient’s responsibility unless expressly included at checkout.
Customs procedures may delay delivery and are outside my direct control. This does not remove any rights you have where Magda Malak Art remains legally responsible.
RETURNS, CANCELLATIONS AND REFUNDS
Your rights to cancel an online order and return eligible artwork are explained in the Refund Policy:
https://magdamalakart.com/policies/refund-policy
Original paintings and standard limited-edition prints purchased online may generally be returned in accordance with that policy.
Commissioned, personalised and genuinely bespoke items may not qualify for change-of-mind returns. Your rights relating to faulty, damaged, misdescribed or incorrectly supplied goods remain unaffected.
DAMAGED OR INCORRECT ORDERS
Please inspect your order promptly after delivery.
If an artwork arrives damaged or you receive the wrong item, contact contact@magdamalakart.com as soon as possible—ideally within 48 hours—and retain the artwork and all packaging.
The request to report shipping damage within 48 hours helps me pursue the matter with the delivery provider. It does not limit your statutory consumer rights.
INTELLECTUAL PROPERTY
Unless otherwise stated, all paintings, prints, photographs, written content, branding, graphics and website materials are owned by or licensed to Magda Malak Art and are protected by copyright and other intellectual-property laws.
Copyright in an original painting or commissioned artwork normally remains with Magda Malak unless it is expressly assigned through a separate written agreement.
You must not copy, reproduce, modify, distribute, publish, sell, license, scrape or commercially use website content or artwork images without prior written permission.
You may share links to the website and use the website’s social-sharing functions for personal, non-commercial purposes, provided the artwork is not altered and Magda Malak is appropriately credited.
REQUESTS TO REPRODUCE ARTWORK
Please contact contact@magdamalakart.com if you would like to reproduce an artwork for editorial, publishing, interior-design, commercial or promotional purposes.
Permission is not automatic and may require a separate written licence and fee.
PRIVACY
The collection and use of personal information is governed by the Privacy Policy:
https://magdamalakart.com/policies/privacy-policy
THIRD-PARTY SERVICES AND LINKS
This website may contain links to services operated by third parties, including payment providers, social-media platforms and delivery services.
Those services operate under their own terms and privacy policies. Magda Malak Art is not responsible for third-party websites or services that are outside its reasonable control.
WEBSITE INFORMATION AND AVAILABILITY
I take reasonable care to keep the website accurate and available, but I cannot guarantee that it will always be uninterrupted or completely free from technical errors.
I may correct website errors, update information or temporarily suspend parts of the website where reasonably necessary. Such changes will not remove rights relating to orders that have already been accepted.
LIABILITY
Nothing in these terms excludes or restricts liability where doing so would be unlawful. This includes liability for death or personal injury caused by negligence, fraud, or your statutory rights concerning faulty, misdescribed or unsuitable goods.
Magda Malak Art is not responsible for losses that were not reasonably foreseeable when the contract was formed or for losses caused by events outside reasonable control, except where the law provides otherwise.
The website and artworks are intended primarily for private collectors. Magda Malak Art is not responsible for business losses arising from a consumer purchase, except where liability cannot lawfully be excluded.
EVENTS OUTSIDE REASONABLE CONTROL
I will not be responsible for delay or failure caused by circumstances outside my reasonable control, such as severe weather, transport disruption, customs delays, industrial action, fire, flood, illness, failure of essential suppliers or interruption of communications.
I will contact you where reasonably possible and take appropriate steps to minimise the effect. If a substantial delay means the order can no longer reasonably be fulfilled, you may have the right to cancel and receive a refund.
CHANGES TO THESE TERMS
These terms may be updated to reflect changes in the website, business practices or legal requirements.
The terms applying to a purchase will normally be those in effect when the order is placed. Changes will not retrospectively remove rights attached to an accepted order.
SEVERABILITY
If any provision of these terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply.
GOVERNING LAW
These terms are governed by the laws of England and Wales.
If you live elsewhere in the United Kingdom or another country, you retain any mandatory consumer protections that apply to you. Nothing in these terms prevents you from bringing proceedings in a court available to you under applicable consumer law.
QUESTIONS AND COMPLAINTS
If you have a question or complaint concerning an order, artwork or these terms, please contact:
Magda Malak Art
37 Haylands
Portland
Dorset
DT5 2LA
United Kingdom
Email: contact@magdamalakart.com
I will respond personally and make every reasonable effort to resolve the matter.