3.   Description and Specification of Services

The Parties agree and acknowledge that any Services advertised on the Website and any statements provided at any time by Ashton’s Marble Restoration are not intended to be and shall not be deemed to constitute a guarantee by Ashton’s Marble Restoration of any outcome, within any time frame or of any achievable standard at all. Any statements in any form on any matter are expressions of opinion only and in no circumstances will Ashton’s Marble Restoration be liable for any decision made or action taken by the Customer in reliance of any information, statements, documentation or action of Ashton’s Marble Restoration.

Differing techniques agreed with the customer will result in different levels of finishes. Not all techniques may be suitable, and it may be that lippage, deep scratches, discolouration and staining will still be present after the completion of the Services. The Customer acknowledges that Ashton’s Marble Restoration when providing the agreed services will carry out the services in a professional manner but does not guarantee any outcome, including the meeting of any implied or explicit standards or final finish.

All warranties, conditions and other terms implied by statute or common law are excluded from this Agreement unless otherwise stated in this Agreement, to the fullest extent permitted by law.

4.   Orders and Times

Ashton’s Marble Restoration use best endeavours to provide the Services within a given timeframe time, but the Parties acknowledge and agree that time is not of the essence and any delays in supply of Services will not be deemed a breach of any term, condition or warranty. The Parties agree and acknowledge that no discount or concession will be applied for any delays in the Services.

If the date for the Services is missed due to any fault of the Customer, the Parties agree and acknowledge that all and any additional cost will be paid in full by the Customer, including the right to retain the deposit or charge additional fees for time spent and that the day rate of £250.00 may be charged to the customer without further notice.

5.  Price and Payment

Unless otherwise stated all prices are quoted exclusive of V.A.T. all of which will be charged in addition.

Validity of the agreed Price is subject to unexpected rising costs of raw materials, transportation and labour, for which reasons Ashton’s Marble Restoration reserves the right to make adjustments to or withdraw any offer without notice prior to the commencement.

Unless otherwise agreed in advance with Ashton’s Marble Restoration in writing, a deposit payment of a 30% of the price is required to confirm the Order. In the circumstances, the Parties agree that the full deposit will not be refunded unless the Order is cancelled within  3 days of the date the Services are due to commence (subject to statutory consumer rights). In any event, the Parties agree Ashton’s Marble Restoration will be entitled to retain a portion of the deposit to take into account lost profit and administration costs. Upon commencement of the Services, the Customer agrees to pay a further 30% of the Price.  Upon completion of the Services, the full balance of the Price is payable and due.

Payments will be made within 7  days of the day they are due. Ashton’s Marble Restoration reserves the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and if for any reason it does not apply, interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate.

6.  The Customer Agrees 

• They are over the age of 18 years of capable of entering into a legally binding agreement.
• To certain information being stored in line with the privacy policy which can be found here Privacy Policy – Stone Rescue and to comply with the Policy at all times.
• All complaints must be made to the following email address hello@marble-restoration.london
• All complaints will be processed and acknowledged within 7 working days. The outcome and any decision of any complaint is made at the sole discretion of Ashton’s Marble Restoration (subject to statutory rights).
• To not contact or engage with any other customers, clients or agents of Ashton’s Marble Restoration other than directly in line with the terms of the Agreement.
• To take all reasonable precautions when utilising the Website
• To not upload or utilise in any way any content which could infringe any third part privacy or Intellectual Property or propriety right and do not upload or utilise in any way any content where they do not have correct and full permissions or rights to do so, including where there is a perceived or actual threat to privacy or security (at the sole discretion of Ashton’s Marble Restoration ).
• To not include any content which can be, or is in the sole discretion of Ashton’s Marble Restoration, be deemed as either inappropriate, defamatory, offensive, illegal or contrary to the ethos and/or policies of Ashton’s Marble Restoration and to immediately report any content that does or could be deemed to fall into any of these categories.
• In no way shall the customer restrict any right of Ashton’s Marble Restoration to conduct its business activities or in any way prevent Ashton’s Marble Restoration from dealing in the ordinary course of business with third parties who may be involved in competitive practices or from soliciting for or tendering for business in any way.
• Ashton’s Marble Restoration is not obligated to provide any further or future Services shall not be required to provide any assistance in addition to the Services detailed on any quote and/or explicitly agreed.
• The Customer acknowledges that Ashton’s Marble Restoration provides a Website, but is under no responsibility to monitor the quality, the accuracy of descriptions and agrees that any content contained on the Website does not the fitness for purpose or specification including the meeting of any implied or explicit standards.
• That all and any information provided to Ashton’s Marble Restoration will be true accurate and comply with this Agreement and any policy, guideline and the ethos of Ashton’s Marble Restoration.
• Ashton’s Marble Restoration has the right to remove all and any content from the website at any point, for any reason without notice.
• Ashton’s Marble Restoration has no responsibility to check the accuracy of personal details provided or recorded, including contact details. It is the sole responsibility of the Customer to ensure any and all information is accurate, complete and adequate. Customers are responsible for ensuring that they have provided correct details to Ashton’s Marble Restoration.
• The Customer agrees, subject to any explicit exclusions within this Agreement, Ashton’s Marble Restoration shall not be held responsible for any damages the Customer suffer as a result of the Services provided by Ashton’s Marble Restoration.
• The Services advertised on the website and any statements provided at any time are not intended to be and shall not be deemed to constitute a guarantee or advice. Any statements in any form on any matter are expressions of opinion only and in no circumstances will Ashton’s Marble Restoration be liable for any decision made or action was taken by the Customer in reliance of any information, statements, documentation or action of Ashton’s Marble Restoration
• Ashton’s Marble Restoration has no responsibility and provides no warranty to the accuracy of any information posted on the website or communicated by or on another’s behalf, including for the avoidance of doubt any provider of services, customer, client, agent or affiliate of Ashton’s Marble Restoration. Ashton’s Marble Restoration has no responsibility for the actions or omissions of any users of the website or their services, including for the avoidance of doubts any user or provider of services detailed.
• subject to any explicit exclusions within this Agreement and statutory rights, Ashton’s Marble Restoration shall not be held responsible for any damages suffered
• The Customer agrees not to modify, disrupt, hack, intervene, alter or disable (or attempt the same) to any feature on the website, including the security settings.
• To cease use of the website immediately if requested to do so.
• To not use or collect data and information other than in line with these terms and the Privacy policy
• To not use any automated system.
• subject to any explicit exclusions within this Agreement and statutory rights, Ashton’s Marble Restoration shall not be liable for any loss, damage, or unintended alterations, including for the avoidance of doubt due to any breakages or disintegration directly or indirectly connected to the provision of all or any Services,
• The Customer accepts all responsibility for insuring those surfaces are sealed and ready to be cleaned without causing harm.
• The customer warrants they are the legal owner and/or have the full explicit authority from the legal owner of the property to which the Services are related.
• The customer acknowledges that there may be the need to use chemical-based products when providing the Services and to follow all precautions advised by the manufacturer of any product and that they are fully responsible for taking all precautions and steps to avoid contact with the chemical products.

7.  Disclaimers

The customer agrees to remove all items and protect the areas (including but not limited to covering services appropriately, ensuring surfaces are sealed and removing all items surrounding the area to which the Services are to be conducted). The customer will take full responsibility for damage caused whilst work is executed due to their failure to carry out the removal and protective measure.  

Subject to any explicit exclusions within this Agreement and statutory rights, Ashton’s Marble Restoration shall not be liable for any loss, damage, or unintended alterations, including for the avoidance of doubt due to any breakages or disintegration directly or indirectly connected to the provision of all or any Services. Ashton’s Marble Restoration liability in all events (subject to explicit provisions of this Agreement) is limited as far as permitted by law.  For the avoidance of doubt, the Parties accept and acknowledge that Ashton’s Marble Restoration duties does not cover the following:

1. Ordinary wear and tear
2. Modifications made by the Customer or any third Party
3. Damage caused due to incorrect storage or packaging
4. Exposure to any incompatible materials, chemicals and all and any liquid damage
5. Damage caused partially or wholly from Deliberate or negligent actions
6. Damage caused by natural occurrences or any environmental issues or influences.
7. Staining or etching

8.  Changes to Website, Software, and Services

In utilising the Website the Customer agrees and acknowledges that Ashton’s Marble Restoration  has the right to:

• Change or remove (temporarily or permanently) the website or any part of it without notice
• Change, remove, cancel or discontinue any service, or promotion any time without notice
• Change or discontinue any promotional discount vouchers or coupon codes at any time with notice and

The Customer acknowledges and agrees this may result in the loss of data available to them, their ability to view an activity or other content, including deletion of or resetting of a Customer’s account (including any orders). 

The Customer further agrees that Ashton’s Marble Restoration shall not be liable to the Customer for any such change, cancellation or removal, including but not limited to those detailed above. Any continued use of the customer following any and all changes demonstrates an acceptance of the variation.

9.  Third Party Website

The Website may include links to third-party website’s that are controlled and maintained by Third Party Providers. Any link to other websites is not an endorsement of such websites and The Customer acknowledge and agree that is not responsible for the content or availability of any such sites.

10.  Complaints and Feedback

Please refer to section 1 for our contact details.  All complaints will be processed and acknowledged within 7 working days. The Customer agrees and acknowledges that all complaints must be made as soon as practicable and in all cases within 14 days of completion of the Services (subject to statutory rights).

11. Warranties

Ashton’s Marble Restoration makes no warranty that the functionality of the website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

 All warranties, conditions and other terms implied by statute or common law are excluded from this Agreement unless otherwise stated in this Agreement, to the fullest extent permitted by law.

12. Data Protection and Data Processing

Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 12 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation. In this Clause 12 Applicable Laws means (for so long as and to the extent that they apply) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK. Without prejudice to the generality of Clause 12, Ashton’s Marble Restoration will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) for the duration and purposes of the Contract.

Ashton’s Marble Restoration will ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it).

Ashton’s Marble Restoration ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential. Ashton’s Marble Restoration does not store personal data longer than is strictly necessary to reach the goals for which the Customer data is collected. Ashton’s Marble Restoration use a standard retention period of 4 years. Ashton’s Marble Restoration only shares the Customer information to third parties if it is necessary for the execution of our agreement with the Customer e.g. For Delivery or to comply with a legal obligation.

12 Force Majeure Event

No Party shall be in breach nor liable for delay in performing or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control.  In such circumstances, the affected Party shall be entitled to a reasonable extension of the time for performing such obligations.  If the period of delay or non-performance continues for a period of 12 weeks, the Parties not affected may terminate this Agreement by written notice to the affected Party.

• Variation

No variation to this Agreement shall be valid or binding unless it is recorded in writing and signed by or on behalf of the parties

• Assignment

The Customer shall not have the right to assign or otherwise transfer its rights and/or obligations under this Agreement without the written consent of Ashton’s Marble Restoration.

• Entire Agreement

 This Agreement contains the entire agreement and understanding of the parties relating to the subject matter of this Agreement and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.

16. Third-Party Rights

This s Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

• Survival

Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.

• Intellectual Property (IP)

For these purposes “Intellectual Property Rights” includes the following (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know-how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial rights (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

This Agreement does not transfer any interest in Ashton’s Marble Restoration Intellectual Property Rights.  The Customer agrees to take all reasonable action to protect the IP of Ashton’s Marble Restoration and agrees to adhere to guidelines regarding the use of the trademarks or brand marks and shall immediately give written notice of any actual, threatened or suspected infringement of Ashton’s Marble Restoration IP of which it becomes aware.

The Customer agrees and acknowledges that Intellectual Property Rights in the Website and the materials on or accessible via it belong to Ashton’s Marble Restoration or its licensors. The Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using the website).

• Indemnity

The Customer agrees to indemnify and hold Ashton’s Marble Restoration and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Ashton’s Marble Restoration arising out of any breach by The Customer of these Terms and Conditions or other liabilities directly or indirectly relating to the Services provided by Ashton’s Marble Restoration and/or use of the Website.

20. Limitation of Liability

To the extent permitted by law Ashton’s Marble Restoration  will not be liable for any indirect or consequential loss or damage whatever, including without limitation loss of business, opportunity, data, profit, reputation and or goodwill arising out of or in connection with the direct or indirect provision of the Services or use of the Website

A Party’s liability, for death or personal injury caused by its negligence; for fraud or fraudulent misrepresentation; for any other act, omission or liability which may not be limited or excluded by law. Subject to these clauses Ashton’s Marble Restoration s total liability shall be limited to £1000.00 in the aggerate.

Ashton’s Marble Restoration makes no warranty that the functionality of the website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

• Announcement

The Parties agree and acknowledge that Ashton’s Marble Restoration may use all and any materials (including for the avoidance of doubt photographs) relating to the services for marketing and promotional purposes without first seeking any further consent and/or approvals from the Customer.  The Customer agrees to grant reasonable access for this purpose for a period of 2 years from the date of completion of the Services.

• Severability

The validity or unenforceability of any particular provision of these terms shall not affect the other provisions and shall be construed in all respects as if such invalid or unenforceable provisions were omitted.

23. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England. The Parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of in connection with this Agreement or its subject matter or formation