Marcin The Joiner – Terms and Conditions

 

Please read all these terms and conditions.

 

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07927 154 883.

 

1. GENERAL

1.1. When you enter into a contract with Marcin the Joiner Limited for the supply and/or services, these conditions automatically apply and take precedence over any other terms and conditions attached to your order.

 

1.2. If you, as the customer, want to waive any of these conditions, it will only be effective if Marcin the Joiner Limited agrees to it in writing.

Such waiver will only apply to that particular transaction, and all other conditions will still remain in full force and effect.

 

1.3. A contract between you and Marcin the Joiner Limited will only be established when Marcin the Joiner Limited accepts your order in writing.

 

2. PRICE AND PAYMENT

2.1. The price for the Goods (referred to as "the Price") will be the price stated on the quotation or estimate provided by Marcin the Joiner Limited.

Alternatively, the parties may agree on a different price in writing or orally.

 

2.2. If the sale involves an installation or work carried out at your property, you must make payment within seven days of receiving the invoice.

 

2.3. If you fail to make payment according to the agreed credit terms, Marcin the Joiner Limited reserves the right to exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation.

 

2.4. We require payment as follows: a 30% deposit when the order is confirmed, and the balance must be paid within 7 days of the invoice date.

 

2.5. Marcin the Joiner Limited reserves the right to change the payment structure mentioned above if we find that payment terms have not been met or if there is a breakdown in communication or relations with the customer.  

 

3. QUOTATIONS

3.1. Any quotation provided by Marcin the Joiner Limited is valid for acceptance by the Customer for a period of 30 days from the date of issue.

After this date, prices cannot be guaranteed.

 

3.2. The quoted price NOW INCLUDES VAT and costs or charges related to packaging, loading, unloading, carriage, and insurance (if applicable).

These additional costs will be due at the rate in effect on the date of Marcin the Joiner Limited's invoice, unless otherwise stated in our quotation.

 

3.3. The written quotation reflects the final price for the discussed works, including labor, materials, and any additional costs or expenses.

If there are any changes to the scope of the works or unforeseen circumstances arise, a new or revised written quotation will likely be provided.

You have the right to accept or decline the new quotation.

If you decline, all works will stop, and you will be required to pay in full for the works already completed in accordance with the original quotation upon receiving our invoice.

 

3.4. Unless specifically agreed in writing, no discounts apply to the quotation.

 

4. GOODS

4.1. All Goods must meet the specifications provided by the Customer in the order, as accepted by Marcin the Joiner Limited, or as otherwise agreed upon in writing or orally.

 

4.2. Any order for Goods sent by the Customer to Marcin the Joiner Limited is considered accepted, subject to the conditions stated here.

 

4.3. Each accepted order for Goods establishes an individual legally binding contract between the parties.

 

4.4. If the Customer provides designs, patterns, or specifications for the manufacture of Goods, they warrant that using these materials will not infringe on any third party's intellectual property or other rights.

 

The Customer must indemnify and hold Marcin the Joiner Limited harmless from any loss resulting from any infringement claims made by third parties.

 

5. DELIVERY

5.1. The Customer is considered to have accepted the Goods upon completion of the installation work.

 

5.2. Marcin the Joiner Limited will not be liable or in breach of the conditions for any delay or failure in installation work due to causes beyond its reasonable control.

 

5.3. The risk associated with the Goods passes to the Customer upon completion of the installation work unless otherwise agreed in writing.

 

5.4. If Marcin the Joiner Limited is unable to deliver the Goods due to reasons beyond its control, the company may store the Goods at the Customer's expense until they can be delivered.

 

5.5. Any order cancellation must be communicated to Marcin the Joiner Limited in writing.

The Customer may be charged for any materials ordered or work already initiated at the time of cancellation.

 

5.6. While Marcin the Joiner Limited accepts insurance work, it is important to note that the Customer is responsible for paying Marcin the Joiner Limited's invoice, not the insurance company. Marcin the Joiner Limited does not handle insurance claims directly.

 

6. TITLE TO GOODS

6.1. Marcin the Joiner Limited warrants that it has legal ownership of the Goods and will transfer title to the Customer as specified in Clause 5.2.

 

6.2. Title to the Goods does not transfer to the Customer until Marcin the Joiner Limited has received full payment for the Goods.

However, this does not prevent Marcin the Joiner Limited from taking legal action to recover payment for the Goods.

 

6.3. Unwanted items removed by Marcin the Joiner Limited from the Customer's property, such as debris or rubbish, do not transfer ownership to Marcin the Joiner Limited.  

 

7. DAMAGE IN TRANSIT

If the Customer notifies Marcin the Joiner Limited within 24 hours of delivery, and Marcin the Joiner Limited is reasonably satisfied that the Goods were damaged during transportation arranged by Marcin the Joiner Limited, the Customer is entitled to replacement Goods.

 

8. GUARANTEE

8.1. If installation work by Marcin the Joiner Limited is found to be defective, Marcin the Joiner Limited will, at its sole discretion, repair or replace the defective Goods free of charge under the following conditions:

8.1.1. The Customer provides notice of the defect within 5 days of becoming aware of it.

8.1.2. The notice is served within 20 days of delivery or within 3 months of the invoice date for the installation work.

8.1.3. The defect is a result of Marcin the Joiner Limited's faulty design, workmanship, or materials.

8.1.4. The Customer has followed Marcin the Joiner Limited's oral or written instructions regarding storage, installation, use, or maintenance of the Goods, or followed good trade practices.

 

9. LIMITATION OF LIABILITY

9.1. Marcin the Joiner Limited is not liable to the Customer for any loss, costs, damages, charges, or expenses incurred by the Customer, or for any loss or damage caused by the Goods, except as specified in Clause 5 and subject to Clause 11.

 

9.2. All other conditions, warranties, or stipulations regarding the Goods, whether express or implied by common law or under statute, are excluded to the fullest extent permitted by law.

This includes any warranties of fitness for purpose, use, quality, or nature of the Goods, whether express or implied by statute or common law.

 

9.3. Marcin the Joiner Limited's liability under this Agreement, regardless of the cause, shall not exceed the Price, unless specified in Clause 12.  

 

10. DEFAULT BY CUSTOMER

10.1. If the Customer fails to pay the price for the Goods and/or services by the due date, Marcin the Joiner Limited, without prejudice to any other rights, may charge interest at a rate of 5% per month above the base rate on the outstanding amounts.

 

10.2. If the Customer defaults on its obligations to Marcin the Joiner Limited or breaches any obligations, or if certain events occur (e.g., bankruptcy, insolvency), Marcin the Joiner Limited may cancel the contract, suspend or cancel delivery, or take other appropriate actions, without prejudice to any other rights available to Marcin the Joiner Limited.

 

11. GENERAL

11.1. The liability of Marcin The Joiner Ltd for breach of the warranties in Clause 6 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 (where applicable) cannot be excluded or limited by these Conditions.

 

11.2. The liability of Marcin the Joiner Limited for death or personal injury resulting from fraudulent misrepresentation, negligent actions, or those of its employees or agents cannot be limited or excluded by these Conditions.

 

12. FORCE MAJEURE

12.1. If circumstances beyond the control of Marcin The Joiner Limited, such as war, hostilities, insurrection, industrial disputes, strikes, lock-outs, riots, explosion, fire, storm, act of God, accidents, unavailability or shortage of materials or labor, interruptions of supply, government orders or requests, or any other factors specified, cause a delay in the contract's performance, Marcin The Joiner Limited has the right to suspend further performance until the cause of the delay is resolved and for a reasonable time thereafter.

 

12.2. If Marcin the Joiner Limited is prevented from performing the contract due to such circumstances beyond its control, Marcin the Joiner Limited has the right to be discharged from further liability under the contract.

In such cases, the Customer must pay the contract price, deducting a reasonable allowance for the unperformed portion of the contract.  

 

13. CANCELLATION

13.1. Cancellation by the Customer is not allowed unless expressly agreed upon by Marcin the Joiner Limited.

 

13.2. If cancellation is agreed upon by Marcin the Joiner Limited, the Customer must indemnify Marcin the Joiner Limited for all expenses incurred up to the time of cancellation.

 

14. GOVERNING LAW AND JURISDICTION

14.1. This Agreement is governed by and interpreted in accordance with the laws of Scotland.

The parties submit to the non-exclusive jurisdiction of the Scottish courts.  

 

 

 

Marcin The Joiner – Privacy Policy

 

Important notice

 

This is the privacy notice of Marcin The Joiner Limited (registration number: SC707224) whose registered office is at Marcin The Joiner Limited, 88 Spencer Court, 36 Froghall Terrace, AB24 3PG, referred to as we, us or our in this privacy notice.

 

This privacy notice sets out how we collect and process your personal data.

This privacy notice also provides certain information that is legally required and lists your rights in relation to your personal data.

 

This privacy notice relates to personal information that identifies you as a natural person (whether you are an actual or potential customer, an individual who browses our website or an individual outside our organisation with whom we interact).

We refer to this information throughout this privacy notice as personal data or personal information and further detail of what this includes are set out in this privacy notice below.

 

The privacy and security of your personal information is very important to us so we want to assure you that your information will be properly managed and protected by us at all times.

Please read this privacy notice carefully as it explains how we may collect and use your personal data.

This privacy notice may vary from time to time so please check it regularly.

 

This privacy policy outlines how Marcin the Joiner Limited uses and protects the information provided by users when they use the company's website.

The policy emphasizes Marcin The Joiner Limited's commitment to safeguarding user privacy and explains how the collected information is utilized.

Here is a breakdown of the key points:

 

Marcin The Joiner Limited may update this privacy policy periodically, and users are advised to review it to stay informed.

The policy is effective from 26/06/2023.

 

WHAT WE COLLECT

 

We may collect the following information:

• name and job title

• contact information including email address.

• demographic information such as postcode, preferences and interests

• other information relevant to customer surveys and/or offers.

 

WHAT WE DO WITH THE INFORMATION WE GATHER

 

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

 

• Internal record keeping.

• We may use the information to improve our products and services.

• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

• From time to time, we may also use your information to contact you for market research purposes.

We may contact you by email, phone or mail. We may use the information to customise the website according to your interests.

 

SECURITY

 

We are committed to ensuring that your information is secure.

In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

HOW WE USE COOKIES

 

A cookie is a small file which asks permission to be placed on your computer’s hard drive.

Once you agree, the file is added, and the cookie helps analyse web traffic or lets you know when you visit a particular site.

Cookies allow web applications to respond to you as an individual.

The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

 

We use traffic log cookies to identify which pages are being used.

This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs.

We only use this information for statistical analysis purposes and then the data is removed from the system.

 

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not.

A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

 

You can choose to accept or decline cookies.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

This may prevent you from taking full advantage of the website.

 

LINKS TO OTHER WEBSITES

 

Our website may contain links to other websites of interest.

However, once you have used these links to leave our site, you should note that we do not have any control over that other website.

Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement.

You should exercise caution and look at the privacy statement applicable to the website in question.

 

CONTROLLING YOUR PERSONAL INFORMATION

 

You may choose to restrict the collection or use of your personal information in the following ways:

 

• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.

 

• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at joinerymz@gmail.com.

 

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

 

You may request details of personal information which we hold about you under the Data Protection Act 1998.

A small fee will be payable.

If you would like a copy of the information held on you, please write to joinerymz@gmail.com.

 

If you believe that any information, are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.