The term “Merlin Metals” or “us” or “we” refers to the owner of the website, Merlin Metals Limited whose registered office is:
Unit 6, Malton Enterprise Park, 6 Cherry Farm Close, Malton, North Yorkshire YO17 6AD
Merlin Metals Limited with the company registration number 09827864, being registered in England and Wales with the contact email address firstname.lastname@example.org
The content of the pages of this website is for your general information and use only.
It is subject to change without notice, potentially on a weekly or daily basis, as we develop the site.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that products, services or information available through this website meet your specific requirements.
Unauthorised use of this website may give to a claim for damages and/or be a criminal offense.
Any purchase of goods at www.metalguttersystem.co.uk requires the customer consults and accepts the following terms and conditions of Merlin Metals Limited who shall be referred to below as Merlin Metals.
These terms and conditions are intended to define the rights and obligations of the parties involved in the sale of goods via any websites owned and operated by Merlin Metals.
All contractual information will be entered into the accounts of Merlin Metals and confirmed by email to the address specified by the customer during registration, the purchasing act or by other means such as telephone or letter.
Payments are due prior to goods being shipped by bank transfer, unless other arrangements or terms have been agreed.
Proof of Transaction
The records stored in Merlin Metals Limited’s computer systems under reasonable safety conditions are considered proof of communications, purchase orders, invoices and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Once payment has been made by the customer it forms a legally binding contract of sales.
By making payment you thereby accept these terms and conditions.
Once payment has been made it forms a legally binding contract of sales
Every effort has been made to ensure the accuracy of the information presented on any of the sites owned and operated by Merlin Metals.
Merlin Metals or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where Merlin Metals was aware of the possibility of such damages.
Manufacturer and other brand names are only used for identification purposes.
Product photos, descriptions, and prices are non-contractual.
Validity Period of Offer and Prices
Quotations provided to the customer are generally valid for 30 days, however.
Our offers and prices are valid on the day of publishing but all order prices are subject to change without notice.
All orders undergo a final price check to allow for other price variables such as material price fluctuations, delivery, discounts or additional manufacturing costs.
Customers can request access to product samples, prior to making payment and being bound by these terms and conditions.
Products are delivered to the address specified by the customer on the invoice and only to geographic zones that we service.
All products leave the manufacturers fully inspected and in perfect condition.
The customer must notify the carrier of even the slightest trace of damage (holes, signs of crushing, etc.) to the delivery, and refuse the delivery if necessary.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible.
In such a case, the carrier shall start an investigation.
Every effort is made, for as long as necessary, to find the delivery.
If the delivery is not found, the carrier will reimburse Merlin Metals, who will deliver a new, identical package to the customer free of charge.
Merlin Metals shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
Loss or Damage in Transit
Merlin Metals will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or emailed notice of a claim to Merlin Metals and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by Merlin Metals or its representatives on request.
The customer must inform Merlin Metals immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information stated during the transaction.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to the Merlin Metals trading address.
Any claim that does not respect the rules defined above cannot be taken into account and releases Merlin Metals of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to Merlin Metals in whole, in its original packaging with any seals fully intact and in perfect condition to the address specified on the product sticker.
For claims to be accepted, the customer must first make a declaration to Merlin Metals concerning any returns and receive Merlin Metals consent. If accepted, the customer will ship the package to the address specified on the product sticker.
Shipping fees shall be at Merlin Metals expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring Merlin Metals to protect the customer against latent defects of goods sold.
The customer is expressly informed that Merlin Metals is not the manufacturer of the goods presented in any of the websites owned and operated by Merlin Metals and that Merlin Metals shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
Products sold on Merlin Metals come with different warranties.
All products that have been modified or repaired or installed by the customer or any other party not chosen Merlin Metals are not covered by warranty.
The warranties are according to the terms provided on the manufacturers websites.
Right to Withdrawal
Due to the bespoke nature of Merlin Metals products, returns of some items are not accepted unless exchanging for equal items should the item sent be found to be defective. Cancelled orders will incur a cancellation fee of 30% of the total value of the order and only be accepted if the product seals are intact.
If materials have been delivered to site and the order is then cancelled the cancellation fee is 40% of the total value of the order and all transport costs related to the return of goods to either Merlin Metals or associated manufactures is payable by the customer.
All returns must be indicated beforehand to Merlin Metals.
All goods must be returned to the return address specified on the product sticker.
The cooling off period and right to cancel does not apply to purchase orders for any goods made to customers specifications, such as roof & wall panels or bespoke gutter systems, topclip capping or other metal flashings.
Other product items which are complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods.
If the right to withdrawal is exercised for applicable products, Merlin Metals will make every effort to refund the customer within 14 days from the date of cancellation, minus any cancellation or transport fees or within 30 days if the materials have been delivered and then sent back.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden without prior consent from Merlin Metals.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties’ control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, viruses, impossibility of the use of public or private telecommunications networks or internet services.
In such circumstances, the party delayed or unable to perform (“Delayed Party”) shall notify the other party (“Affected Party”) within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 2018.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law.
All orders placed on any of the websites owned and operated by Merlin Metals strictly imply the acceptance of Merlin Metals terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with Merlin Metals before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.