Maria Creative Arts (MCA)

Last Updated: 2 February 2026

1. INTRODUCTION

Welcome to Maria Creative Arts (MCA). These Terms of Service ("Terms") govern your access to and use of our website located at https://maria-creative-arts-shop.fourthwall.com (the "Website") and your purchase of products and services from us.

By accessing or using our Website or purchasing our products or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or purchase our products or services.

MCA is operated from the United Kingdom. The artist and sole proprietor is Maria D ("we," "us," or "our").

2. DEFINITIONS

• "Original Artwork" refers to one-of-a-kind, handmade acrylic paintings created by Maria D.
• "Commissioned Artwork" refers to custom, made-to-order original paintings created specifically for a client according to their specifications.
• "Merchandise" refers to print-on-demand products featuring designs by Maria D, including but not limited to prints, apparel, and accessories.
• "Products" refers collectively to Original Artwork, Commissioned Artwork, and Merchandise.
• "Customer," "you," or "your" refers to the individual or entity purchasing Products from us.

3. ACCEPTANCE OF TERMS

These Terms constitute a legally binding agreement between you and MCA. By placing an order, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement.

4. PRODUCTS AND SERVICES

4.1 Original Artwork

Original Artwork is pre-created and available for immediate purchase, subject to availability. Each piece is unique and cannot be replicated. Once sold, the physical artwork becomes the property of the purchaser, though copyright and reproduction rights remain with MCA unless otherwise agreed in writing.

4.2 Commissioned Artwork

Commissioned Artwork is subject to a separate Art Commission Agreement, which will be provided prior to commencement of work. Key terms include:

• A non-refundable deposit (typically 50%) is required before work begins
• Commission terms, timelines, revision allowances, and delivery details are specified in the individual Commission Agreement
• Copyright and intellectual property rights remain with MCA unless otherwise agreed in writing

4.3 Custom Art Commissions (Separate Agreement)

Custom Art Commissions (including Commissioned Artwork) are subject to a separate Commission Agreement. If there is any conflict between these Terms and the Commission Agreement, the Commission Agreement will prevail in relation to the custom commission.

4.4 Merchandise

Merchandise items are produced on-demand by our fulfillment partners after an order is placed. Production times vary by product type and are indicated at the time of purchase.

5. PRICING AND PAYMENT

5.1 Currency

All prices are listed in GBP (£) unless otherwise stated. Prices are inclusive of VAT where applicable.

5.2 Pricing

We reserve the right to change our prices at any time. The price applicable to your order is the price displayed at the time you complete your purchase. Prices do not include shipping costs unless otherwise stated.

5.3 Payment

Payment must be received in full before Products are shipped, except for Commissioned Artwork which requires a deposit as outlined in the relevant Commission Agreement. We accept payment methods as displayed during checkout.

5.4 Payment Processing

Payment processing is handled securely through third-party payment processors. We do not store your complete payment card information.

6. ORDERS AND CONFIRMATION

6.1 Order Acceptance

Your order constitutes an offer to purchase Products. We reserve the right to accept or decline any order at our discretion. Order confirmation emails do not constitute acceptance of your order. Acceptance occurs when we dispatch the Products to you.

6.2 Order Errors

We reserve the right to correct any errors in pricing or product descriptions. If we discover an error after you have placed an order, we will notify you and give you the option to reconfirm your order at the correct price or cancel your order for a full refund.

6.3 Order Cancellation by MCA

We may cancel an order if: (a) the Product is no longer available; (b) we cannot process payment; (c) there is an error in pricing or product information; or (d) we suspect fraudulent activity.

7. SHIPPING AND DELIVERY

7.1 Shipping Times

Estimated shipping and handling times are provided at checkout and vary based on Product type and destination. Original Artwork typically ships within 1-3 business days. Merchandise items are produced on-demand and shipping times vary by product.

7.2 Shipping Costs

Shipping costs are calculated at checkout based on destination and Product type.

7.3 Risk of Loss

Risk of loss and title for Products pass to you upon delivery to the carrier.

7.4 International Shipping

For international orders, customers are responsible for any customs duties, taxes, or fees imposed by the destination country.

8. RETURNS, REFUNDS, AND CANCELLATIONS

8.1 Original Artwork (Stock Items) - 14-Day Cancellation (UK Consumer Rights)

For Original Artwork that is ready-made and in stock, UK customers have the right to cancel their order within 14 days of receiving the item under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, provided the artwork is returned in its original condition. The customer is responsible for return shipping costs unless the item is faulty or not as described.

To exercise your right of cancellation, you must inform us of your decision in writing within 14 days of receipt.

8.2 Commissioned Artwork / Custom Art Commissions

Commissioned Artwork (custom art commissions) is made to your specific requirements and is therefore excluded from the right of cancellation under UK distance selling regulations. Deposits for Commissioned Artwork are non-refundable. Please refer to your Commission Agreement for specific terms.

8.3 Made-to-Order Merchandise (Non-Refundable Except for Defects)

Merchandise items are made-to-order and printed specifically for you after you place your order. As such, these items are non-refundable and excluded from the right of cancellation, except where items are faulty or not as described.

8.4 Faulty or Damaged Items

If you receive a faulty, damaged, or incorrect item, please contact us within 7 days of receipt with photographic evidence. We will arrange for a replacement or refund at no additional cost to you. This does not affect your statutory rights.

8.5 Refund Processing

Approved refunds will be processed within 14 days using your original payment method.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Copyright Ownership

All Original Artwork and designs featured on Merchandise are protected by copyright and remain the intellectual property of Maria D and MCA. Purchase of a physical artwork or merchandise item does not transfer copyright or reproduction rights to the purchaser.

9.2 Permitted Use

Customers may display purchased Original Artwork in their homes or businesses for personal enjoyment but may not reproduce, distribute, or create derivative works without prior written permission.

9.3 Website Content

All content on our Website, including text, graphics, logos, images, and software, is the property of MCA or its licensors and is protected by UK and international copyright laws.

10. PROHIBITED USES

You may not use our Website or Products to:

• Violate any applicable laws or regulations
• Reproduce, distribute, or commercially exploit our artwork or designs without permission
• Engage in any fraudulent activity
• Transmit any harmful code or interfere with the Website's operation
• Collect personal information about other users without consent

11. LIMITATION OF LIABILITY

11.1 Exclusions

To the fullest extent permitted by law, MCA shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Website or Products.

11.2 Maximum Liability

Our total liability to you for any claims arising from or related to these Terms or your purchase shall not exceed the amount you paid for the relevant Product.

11.3 Statutory Rights

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under UK law. These Terms do not affect your statutory rights as a consumer.

12. INDEMNIFICATION

You agree to indemnify and hold harmless MCA, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your breach of these Terms or your use of our Products.

13. PRIVACY AND DATA PROTECTION

Your use of our Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with UK data protection law, including the UK GDPR and Data Protection Act 2018.

14. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website with an updated "Last Updated" date. Your continued use of the Website or purchase of Products after changes constitutes acceptance of the modified Terms.

15. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms or your purchase shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16. DISPUTE RESOLUTION

If you have any concerns or disputes, please contact us first to attempt to resolve the matter informally. If we cannot resolve the dispute, you may be entitled to use alternative dispute resolution services.

UK consumers may refer unresolved disputes to the appropriate Alternative Dispute Resolution (ADR) provider or contact the European Commission's Online Dispute Resolution platform (if applicable during any transition period).

17. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any applicable Commission Agreement, constitute the entire agreement between you and MCA regarding your use of the Website and purchase of Products.

19. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

Maria Creative Arts (MCA)
Email: contact@support.mariacreativearts.com
Website: https://maria-creative-arts-shop.fourthwall.com

By placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.