Marc Van Cartier-Kerr (MVCK)

5 Learielaw View, Broxburn, EH52 5FE

Telephone 07935819068 e-mail: marc@marcvck.com

Terms & Conditions of Business

Part A: Customised Upholstery, Furniture, Curtains, & Blinds Services

1. Conditions

1.1 These Conditions shall form the basis of the contract between MVCK and the client in relation to the sale of Goods and/or Services, to the exclusion of all other terms and conditions which the client may purport to apply under any purchase order or confirmation of order or any other document.

1.2 Acceptance of delivery of the Goods or commencement of the Services shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

1.3 These Conditions represent the whole of the agreement between MVCK and the client. They supersede any other conditions previously issued.

1.4 Acceptance of terms and conditions. A copy of these terms and conditions (T&Cs) will be sent to you with a written quotation. On acceptance of the quote you are deemed to have entered into a contract with MVCK and accepted our T&Cs. Your acceptance is defined by the date on which you either accept our online quote, the date of your email acceptance or date in which your written acceptance is signed and dated.

1.5 To avoid confusion telephone orders will not be accepted. Changes to orders can only be accepted in writing (physical and email).

2. Payment terms and interest

2.1 A 50% non-refundable payment is required for us to accept an order and for any work to commence. The balance is due in full on collection/delivery. A payment of 50% will form an acceptance of terms and conditions above.

2.2 Or for any order over the value of £1200 a three stage invoice will apply 50% deposit, a further 25% half way through the project and the 25% balance on completion.

2.3 Interest on overdue invoice will be charged at 8% per month or part thereof.

3. Price

3.1 The price shall be the price quoted on the agreed MVCK quotation save as otherwise amended in these terms and conditions.

3.2 Carriage and delivery charges will be extra. The client can choose to collect or have delivered. The client must on acceptance of the quote confirm if they will collect or if MVCK is to arrange delivery. The client can arrange their own delivery if required. The cost of delivery will be covered by the client, unless the item is collected from our premises by the client.

3.3 Any additional instructions must be confirmed in writing and a price agreed for the additional work and materials before the work can proceed. Additional work, which may not be apparent when the estimate is provided, will be advised to the client on discovery and a course of action agreed. This includes frame repairs, which are hidden by upholstery.

3.4 Prices quoted stand for 30 days.

4.The Goods

4.1Customised upholstery and furniture

4.1.1 MVCK shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and MVCK shall notify the client in any such event.

4.1.2 All new fillings applied to furniture manufactured after 1950 will be in compliance with the Furniture and Furnishing (Fire)(Safety) Regulations 1988/1989, 1993 and 2010. All new covering fabric supplied by us will comply with the regulations with the exceptions of covers which contain 80% natural fibres, when it is acceptable to use an interliner which complies with the regulations. Furniture manufactured prior to 1950 does not come within the scope of the 1988 Regulations with regard to filling or cover.

4.1.3 We do our best to advise customers of the suitability of fabrics whether supplied by us or not, however, we can only take responsibility for materials which are supplied by us only; covering fabric supplied by the Client is at their own risk. Shortage of covering fabric supplied by the Client is the Client’s responsibility.

4.1.4 When the client supplies their own materials, it is their responsibility to ensure that the fabric is suitable for the purpose for which they intend to use it and that it complies with the relevant regulations in force with regard to Fire Safety (as described in clause 4.1.2) It is also the clients responsibility to check the address details before arranging dispatch of fabrics to MVCK.

4.1.5 MVCK must be given clear written instructions regarding Fabrics being sent direct to MVCK and the clients name must be clearly marked on the delivery note so we can check on your behalf that the correct fabric has been received.

4.1.6 Please request fabric companies to roll all fabrics on tubes, with no more than one fabric per tube. One continuous length of fabric should be used unless an extra amount is taken into account for pattern matching. We will do our best to remove creases but this cannot be guaranteed.

4.1.7 MVCK cannot be held responsible for fabric flaws. If we cannot cut around them you will notified.

4.1.8 Where printed and woven fabrics will not pattern match accurately, we will inform you for further instructions. We reserve the right to add a surcharge to the mark-up costs where fabrics, woven or printed off-grain, require extra time to make and where fabrics and patterns behave unexpectedly.

4.1.9 MVCK cannot be held responsible for the present or future behaviour of the treatment/fabric/trims, such as wear and deterioration, stretching, shrinking, staining, cleanability, fading or damage to person or property where the client has acted against the manufacturers/retailers instructions. i.e. washing/cleaning instructions, steaming etc.

4.1.10 All old covers will be removed prior to upholstery and will be discarded unless the client advises that they are to be returned. This advice must be written into the order.

4.1.11 We reserve the right to apply a 15% surcharge for handling fabrics not supplied by us. There will be a surcharge if we are given many small pieces from which to make a product.

4.1.12 MVCK reserves the right to refuse any item of furniture into the workshop if a) it has any kind of live infestation e.g. woodworm b) it requires extensive repairing or c) is deemed unsafe to work on.

4.2 Wood Products, Materials and Design

4.2.1 By the very nature of both the materials we use and the type of industrial furniture we are producing, our wood could contain all of the following characterful traits: (which are expected within each piece and for which we are unable to offer any kind of discount or refund)

• Bandsaw marks across the grain.
• Small chip out marks from the planer
• Knots/cracks/shakes
• Small machining marks
• Old nails / screw holes
• Natural colour variation

Hopefully all of these attributes will add to the uniqueness of your piece, but should you want your piece to be reduced from this type of rustic character as much as possible, or let us know that you need a surface extra flat/smooth etc so that we are able to quote accordingly.

4.2.2 MVCK always endeavours to choose the best pieces of wood for orders, however there will still be knots, varied wood grain and colour, depending on the wood we have in stock.

4.2.3 Waney Edge items are different every time and can add high levels of character.

4.2.4 We will not accept returns, make adjustments or alterations, or offer refunds due to issues arising from the customer’s personal preference on wood grain, pattern, knots, colour variation or any other naturally occurring elements. Natural wood is varied and beautiful and the grain can even change in the same piece.

4.2.5 All wood species can react to exposure to sunlight, changes in temperature and humidity. We cannot be held responsible for changes in the wood due to environmental factors, once delivery has been made. We make our furniture with wood movement in mind; however we can’t take responsibility should the piece react to the humidity of your own environment. In very dry settings this could lead to cracks/movement; likewise a very humid or wet environment could cause the wood to warp, and joints to separate. Our furniture is not suitable for outdoor use, or use in bathrooms and wet-rooms unless specified.

4.2.6 All our products can be made to measure to fit your space, however we do not guarantee mm precision unless we are specified to do so, and some hardware such as nuts and bolts may protrude – please allow for +/- 25mm on all dimensions. (Or about 5%). The tolerances are likely to mainly occur in the height and depth of the piece as we are using solid boards which can vary slightly in size depending on how much each particular board needs sanding.

IF YOU REQUIRE AN EXACT SIZE FOR YOUR ITEM, FOR FITTING INTO AN ALCOVE FOR EXAMPLE, PLEASE MAKE SURE TO SPECIFY THAT THE MEASUREMENT NEEDS TO BE EXACT. We can’t take responsibility for an item which doesn’t fit or is too small if the measurement is under the 5% of tolerance.

4.2.6 Due to the nature of the finishes applied to our product, the final finishes may vary from photos online or samples we send out, but we will always do our best a get a match.

4.2.7 When working to customers’ design specifications and drawings MVCK will not be held responsible for issues with design, functionality, or stability/wood movement, unless a sample product is ordered or testing is paid for. MVCK endeavour to insure any product ordered sent out is in full working order, and to our usual high standard, however if we do encounter unexpected design issues, or need to alter a customers’ design we will charge accordingly.

4.2.8 We cannot be held responsible for customers preference to design elements that are not discussed or raised at the point of ordering, and will make educated assumptions based on the style of the product and its functionality.

4.2.9 Our finishes will need maintaining, depending on use. In particular, waxed and oiled wood re-coating every 6 months. For general cleaning and maintenance please refer to the care guide supplied with your order.

5. Made to Measure curtains, blinds and soft furnishings

5.1 Unless you use our measuring service, Goods are manufactured in accordance with the measurements provided by you. If you use our measuring service, we will confirm the approximate dimensions to which we will produce your goods, in some designs we may have to use our experience to adjust the dimensions and / or the design of your goods for reasons including but not limited to; the folding of multiple layers of material, the weight of material, pattern slippage, the dimensions of a component required to make the goods (such as buckram) and to accommodate other fixtures. 

5.1.2 We cannot accept returns for goods that have been made using the incorrect measurements. In some situations we maybe able to rectify the situation but any cost incurred in doing so will be borne by the customer.

5.2 All items will be quoted for individually including, where requested, the Goods ordered. 

5.3 A fitting service is available in some areas. A quote for fitting of Goods is available upon request. Fitting charges are quoted on the basis that we are able to obtain good fixings for the tracks, poles, battens and other fixtures and we are able to obtain unobstructed access to your window or other place of fixing on our first visit for fitting. If there are pipes, electrical cables or other devices concealed in the area in which we are required to work, you must tell us in advance as to avoid damage to the cables, pipes or devices and avoid harm or injury to our staff or subcontractors. If at the time of fitting the Goods it is discovered that due to the condition or construction of your walls work good fixings cannot be obtained, or we do not have free unobstructed access to your window or other place of fixing, we will not fit the Goods ordered until building work necessary to allow us to obtain good fixings has been completed correctly or you have cleared the access to your window. We will not be responsible for carrying out any building work or for moving any items to clear access to your window or other place of fixing. We reserve the right to make an additional charge if we have to return to your property on a second occasion to complete the fitting of your Goods after such building work has been completed, access cleared or any other reason.

6. Notice of Right to Cancel

6.1 If you wish to cancel this contract you must do so in writing and deliver personally or by post to MVCK confirming that you wish to do so within 7 days from acceptance of our quote and T&Cs. We do not accept such cancellation notice by email. Any deposits paid will be refunded in full. However, please note that work will not commence until the 7 days of such acceptance have passed.

7. Delivery of Items

7.1 MVCK endeavours to deliver items by the specified time and date, providing that the materials to complete the work are available at the time the work is to be undertaken. However, situations may arise which means the work takes longer or requires additional materials not foreseen. MVCK will endeavour to keep the client informed at all times of supply problems or other factors, which can affect delivery times.

7.2 If the client wishes for MVCK to deliver the items, delivery of the items shall be made to the client’s address. The client shall make all arrangements necessary to take delivery of the items on the day notified by MVCK for delivery.

7.3 MVCK undertakes to use its reasonable endeavours to dispatch the items on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

7.4 Holiday cut-off dates: You will be given written notice of any holidays or order cut off dates that may impact the completion date of your order

7.5 If the client fails to take delivery of the items on the agreed delivery date or, after MVCK has given written confirmation to the client that the item is ready for collection and the client fails to collect within fourteen days of such notification MVCK shall be entitled to store and insure the items and to charge the Buyer the reasonable costs of so doing and charge for any additional deliveries.

7.6 MVCK reserves the right to dispose of all Items of furniture held at our workshops for two months or longer without having received a deposit, clear instructions and fabric being supplied by the client.

8. Acceptance of the Goods

8.1 Any problems with an order, whether the fault of the client or MVCK, must be brought to the attention of MVCK within two days of delivery/completion.  Thereafter charges will be made for any corrections. MVCK will not be held responsible for charges if the client uses a third party to make any corrections or changes. The client will still be responsible for the original invoice. Charges will be made for corrections that are not the fault of MVCK or for additional works/changes not forming part of the original quotation.

8.2 It is the client’s responsibility to ensure any items of furniture can fit into their property before placing an order. MVCK will not be held responsible if it does not fit into your premises. If the client requires MVCK to make any changes to rectify the position the client will be responsible for our additional costs.

1. We recommend that items of shelving, cabinets and drawers should be fixed to a wall for safety. Please mention whilst ordering if you will require fixings, or holes drilling. Items of furniture left free standing are done so at the customers own risk.
2. In the circumstance that an item is to be fixed to a wall, floor, or similar, it is the client’s responsibility to check the suitability of their property, wall type. MVCK will not be held responsible for damages caused to client’s property in the process, or as a result, of the client attaching their furniture to the wall, floor or any part of the clients property. We would recommend the client always use an experienced tradesman.

9. After Sales Services

MVCK operates a customer complaints procedure which is designed to address any customer concerns in a timely and satisfactory manner. All complaints must be in writing and made to: marcvancartierkerr@icloud.com or post to 5 Learielaw View, Broxburn, EH52 5FE with the details and will be responded to within 14 days. You can also contact us by telephone on 07935 819068. 

10. Title and risk

9.0 Risk shall pass on delivery of the Goods to the client’s address or upon collection by the client from our premises.

11. User-Generated Content from Registered Users

11.1 To the fullest extent permitted by law, the rights (including all intellectual property rights) in any material, information, notifications, reviews, articles or other types of communication (hereinafter referred to as the "User-Generated Content" or "UGC") created on any website page owned and operated by MVCK are licensed to MVCK for its non-exclusive use. The user is not entitled to royalty payments or any other compensation or fee related to such UGC. We may freely use and transfer the UGC. Our non-exclusive access to freely use the UGC applies irrevocably without any time limitation and without territorial limitations.

11.1.2 Users of sites where MVCK operates a web service, social media or such are liable for the UGC they publish on the Website.

11.1.3 Users warrant that all UGC posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions).

11.1.4 Users must not publish UGC on the website which

• is of a marketing nature or marketing purposes,
• is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane,
• has sexist, political or racial character,
• violates other people's rights, including any intellectual property rights,
• is offensive or in any way breaches any applicable local, national or international law or regulation,
• violates these User Terms, including the User Guidelines,
• has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes),
• is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).

11.1.5 Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms of the webpage providers Terms & Conditions. If we receive notice or otherwise become aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without any notice, and we - dependent on the character of the violation - may inform the violated party and/or the authorities of the violation. Our right to delete will not be conditioned on an explanation, although we will strive to inform the Registered User about the deletion and the reason hereof.

11.1.6 We may at any time request information about the UGC from the Registered User, including documentation supporting the information included in the UGC. The Registered User must e.g. document that the UGC is based on an actual buying or service experience in an actual customer relation to the company to which the UGC relates.

12. Clients obligations

12.1 The Client shall:

12.1.1 Ensure that the terms of the Order are complete and accurate;

12.1.2 Co-operate with MVCK in all matters relating to the Services;

12.1.3 Provide MVCK with such information and materials as MVCK may reasonably require to supply the Services and ensure that such information is accurate in all material respects;

12.1.4 Obtain and maintain all necessary licenses, permissions and consents which may be required for the Services before the date on which the Services are to start; and

12.2 If MVCK performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the client or failure by the client to perform any relevant obligation (Client Default):

12.2.1 The client shall reimburse MVCK on written demand for any costs or losses sustained or incurred by MVCK arising directly or indirectly from the client default.

12.2.2 MVCK shall without limiting its other rights or remedies have the right to suspend performance of the Services and obligations until the client remedies the client default.

12.2.3 MVCK shall not be liable for any costs or losses sustained or incurred by the client arising directly or indirectly from MVCK’s failure or delay to perform any of its obligations as set out in this clause 9.2.

13. Limitation of Liability:

13.1 Subject to clause 15.1:

13.1.1 MVCK shall under no circumstances whatever be liable to the client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the service provided.

14. Force Majeure

14.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of MVCK including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of MVCK or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.

14.2 MVCK shall not be liable to the client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

14.3 If the Force Majeure Event prevents MVCK from providing any of the Services and/or Goods for more than 4 weeks, MVCK shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the client.

15. General

15.1 Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.

15.2 Jurisdiction. Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).