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Terms and Conditions

GENERAL CONDITIONS OF SALE – to be read and retained by the Customer

Company means D’Best PVC Windows & Composite Doors, whose registered office is at 7 Heatherview Business Park, Longford. N39XO23.
• Customer means the person, firm or company from whom an Order is accepted by the Company.
• “We” “Us” are D’Best PVC Windows and Composite Doors
• “You” “They” are the client/customer
• Goods means goods which are subject of an Order purchased on our website: https://compositedoorspvcwindows.ie
• Goods from stock means goods which are not made to measure not made to Customer specification and/or are not personalised.
• Order means online ordering for Goods recorded in the Company’s Online Purchase Portal on the business website: https://compositedoorspvcwindows.ie
• Price shall be the total sum recorded on the Purchase Agreement accepted by the customer when purchasing through the company website:  https://compositedoorspvcwindows.ie

1. Supply only means the supply of goods excluding installation services.
a) Save as otherwise set out below and to the fullest extent of applicable law, all Products are provided without any warranties or representations of any kind, either implied or express. The Company shall not be bound by any quotations, tenders, surveys or Order and the Company reserves the right to withdraw or amend the same at any time prior to the goods being sent for production. Each Order by the Customer to the Company shall be deemed to be an offer by the Customer to buy Goods subject to these General Conditions of Sale. A contract will be formed when the customer orders and pays through our online website design and ordering service on our website: The Company will not accept any variations or alterations to the Order once the products are in the production process unless confirmed by the Company in writing and any such variations or alterations may result in extra charges being made by the Company to the Customer.

2. Orders
a) Orders are accepted on the basis that these General Conditions of Sale and the relevant Order Acknowledgement Form signed on behalf of the Company constitute the entire agreement between the Customer and the Company and will apply to the exclusion of any other items (including any standard terms and conditions) proffered by the Customer whether or not such other terms are delivered with or referred to in any purchase order or other document delivered by the Customer to the Company. Amendments to these General Conditions of Sale will only apply if expressly accepted by the Company in writing and signed by the Owner of the Company. The foregoing shall not operate to exclude any conditions implied by statute the exclusion of which would be void.
b) In placing the online Order, the Customer acknowledges that all sizes, dimensions, colours, glass and all related items and diagrams in the online Order have been checked and are correct and the Customer is responsible for ensuring that the terms of the Order are complete and accurate. Demonstration windows, doors and other products are used to demonstrate the working of a typical product and its composition. The Company reserves the right to make minor variations in the specification of any of its products at its discretion and without prior notice to the Customer.

3. Suppliers
a) The Company have multiple suppliers for our doors and windows. We use multiple suppliers and will honour its brochure and specification where shown, however some parts may not be identical for example: handles, hinges, mechanisms, locks, etc.

4. Illustrations
a) Any illustrations in The Company’s promotional literature and documentation are for the customer’s guidance and information only and will not be to scale.

5. Building Regulations
a) The company cannot not accept responsibility for goods being installed to a property that does not meet building regulation. It is the customers’ responsibility to find out what specification of door or window is required for the property. The Customer is responsible for ensuring that the supply and fitting of the Goods complies with every applicable statute, planning permission and building regulation and/or direction of government, local or other authority. In particular that the Customer has the necessary consent for the installation to take place.

6. SUPPLY ONLY Customer Installations
a) All doors are checked before they leave the factory however, please recheck your goods to ensure they are the correct size and style, and operate easily. Please refer to installation instruction; for further information, please contact our offices info@compositedoorspvcwidnows.ie
b) If you are unhappy with any part of an item supplied do not begin the installation and instead report it to us.
c) We cannot accept return of goods that are damaged after delivery where this is due to the negligence of the customer, the customer’s installation contractor or other third party. D’Best PVC Windows and Composite Doors recommend that a registered, insured, competent or qualified person carries out the installation of goods supplied. It is well recognised that over 90% of remedial work is due to incorrect installation. D’Best PVC Windows & Composite Doors accepts no liability or responsibility for poorly or incorrectly fitted windows or doors.
d) If a service call is requested where the goods are SUPPLY only and there are issues with the windows/doors after installation, this will require an upfront payment of €250. The full amount will be refunded should the frame be installed correctly by you or your fitter and the issue lies with our production, or workmanship of our windows/doors.
e) IT IS VITAL to check the size of your new framework against your old frame before removing old frame.
f) It is your responsibility to choose the appropriate product based upon the information contained on our web site. If you are in any doubt as to which product to order then contact us on info@compositedoorspvcwidnows.ie
g) A product cannot be returned when it is subsequently found to be unsuitable for any reason, such as (but not limited to): change of mind, colour not as thought, design not as thought, the dimensions of the product are too large or too small to fit in the intended position, or is in poor working order due to improper handling.
h) If the customer finds the goods not to be satisfactory, we will need photographic evidence which should be sent to us at info@compositedoorspvcwidnows.ie. If after examination a fault is found, we will replace free of charge, however if it looks to be in poor working order due to improper handling we may require further investigation and the customer must cover any costs in returning the goods to us.
i) If we find the goods to be in good condition we will consider the case closed. However if you are unsatisfied you can request a replacement. The company works on a strictly “credit on return” basis. For example: In order for a replacement part to be released the faulty part must be returned at the customer’s expense.
j) If the part needs to be supplied prior to the return then the customer must pay in full for the new part. When the part has been inspected, and if found to be faulty, you will then be credited in full for the expenses you incur (the part and postage). However if after examination the part is found to be satisfactory it can be sent back to the customer at their expense and no refund we be given.
k) Where the Customer has placed an Order on a Supply Only basis, the Customer is responsible for providing the necessary labour to unload and stack the goods from the transportation used for delivery. Where the Customer has placed an Order on a Supply Only basis and the Customer fails to take delivery of the goods then without prejudice to any other right or remedy available to the Company, the Company may: (i) store the goods until actual delivery is rearranged and charge the Customer €30.00 per day to cover the cost of storage, insurance and transport; and/or (ii) sell the goods at the best price readily obtainable and after deduction of all expenses and costs account to the Customer for any excess over the Price or charge the Customer for any shortfall below the Price and the Customer shall pay such charge to the Company within 14 days of receipt of the Company’s invoice for the charge.

7. Warranties:
No warranty, guarantee or representation hereunder shall apply to:
a) Products sold by the Company on a Supply-Only basis.
b) Minor imperfections or shade variations within glass;
c) Damage or fault(s) due to accidents, misuse or neglect;
d) Damage or fault(s) due to inadequate maintenance to the Products or to the Premises or due to defects in the Premises;
e) Damage or fault(s) resulting from removal and/or repositioning of the installation.
f) Expansion or contraction of uPVC framing during hot weather (which may cause locking mechanisms to bind).
g) Normal wear and tear
Notification of any claim under such warranty must be by written notice received within 28 days of the date upon which the discovery of the defect or fault ought reasonably to have been made.

8. Notices
a) Written notice where required shall be given by recorded delivery post to D’Best PVC Windows & Composite Doors to N39P7E5 and copy email sent to
info@compositedoorspvcwidnows.ie with a read notification as proof of email delivery.
b) The Purchaser agrees to provide the Company with timely written notice and subsequent reasonable opportunity to investigate and/or remedy any complaint or issue arising from supply or installation hereunder.

9. Limitation of Liability
a) The Purchaser agrees that the Company’s liability to the Purchaser hereunder shall be limited to the amount the Purchaser has actually paid to the Company for the Product under the Online Product Order Agreement. Except as set out herein, the Company shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising hereunder. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of the Company.
b) If the Purchaser establishes that any Products have not been delivered, have been delivered in a damaged state or do not comply with the applicable description, the Company shall, at its option, either replace with similar products or allow the Purchaser credit for the relevant invoice value or for costs of repair.
c) For the avoidance of doubt, the Company shall not be liable for any delay in delivery, and/or delay to completion of the work, which arises from cause(s) beyond its reasonable control.

10. Payment
For Supply Only orders, payment (in cleared funds) at the time of ordering is required.

11. Statutory Cancellation Rights
For SUPPLY GOODS ONLY
a) As all windows and doors are personalised and made to measure for each customer therefore The Consumer Rights Directive 2011/83/EU does not apply to our made to measure products (all windows and door on our website https://compositedoorspvcwindows.ie are made to measure/personalised/bespoke) and therefore the 14 day cooling off period is not applicable. All goods ordered which are purpose-made specifically for the Customer’s requirements are not re-saleable to third parties.

12. RISK AND TITLE IN AND TO THE PRODUCTS
a) Title in and to the Products shall remain with the Company and shall not pass to the Purchaser until the total amount due to the Company (including any applicable interest and costs) has been received in full by the Company.
b) Until title passes, the Purchaser shall hold the Products as bailee for the Company.
c) Without prejudice to its other rights hereunder, the Company may, at any time before title passes to the Purchaser, repossess and dismantle and/or use or re-sell all or any of the Products in its own discretion and by doing so automatically terminate the Purchaser’s right to use, sell or otherwise deal with such Products. For such purposes, the Purchaser hereby permits the Company (or the Company’s authorised agent) to enter the Premises.
d) Risk in the Product shall pass to the Purchaser when the Company makes the Products available to the Purchaser (or any agent or carrier appointed by the Purchaser) at the Company’s Premises or other delivery point agreed by the parties.

13. Delivery
a) Where the contract provides for the delivery of goods to the Customer, the agreed time frame for delivery will be recorded in the Online Purchase Agreement. If the Company fails to deliver the goods within the agreed time frame, the Customer may treat the contract as at an end only if: (i) the Company has refused to deliver the goods; (ii) delivery of the goods within the agreed time frame is essential taking into account all the relevant circumstances at the time the contract was entered into; or (iii) the Customer told the Company before the contract was entered into that delivery within the agreed time frame was essential. Otherwise, if the Company has failed to deliver within the agreed time frame, the Customer may specify a further period that is appropriate in the circumstances and require the Company to deliver the goods before the end of that period. The Customer is requested to provide such notice in writing.
b) Subject to the Customer’s statutory rights, the parties agree that a further period of 30 days is reasonable in the circumstances. If the Customer specifies a period that is appropriate in the circumstances but the goods are not delivered within that period, then the Customer may treat the contract as at an end. If the Customer treats the contract as at an end and is entitled to do so in accordance with this clause, the Company shall without undue delay reimburse all payments made under the contract. If any of the goods form a commercial unit where division of the unit would materially impair the value of the goods or the character of the unit, the Customer cannot reject or cancel the order for some of the goods without also rejecting or cancelling the order for the rest of them.

14. Installation Service
a) We do not provide an installation service, however can provide you with a list of installers in your area who can install your windows and doors, however this is just that, it is a list of known suppliers, PLEASE NOTE: D’Best PVC Windows & Composite Doors accept no responsibility for any installers, their work or warranties you will have with them. We also accept no responsibility for any, damage, errors or miss-fitting by any installers of any windows or doors that you hire them to install on your behalf. We advise that you check them out yourself, their reputation, get reviews from their Google listing, Facebook etc. and ask for feedback from previous customers before hiring or instructing them to do you installation.

15. Guarantee
The Company undertake to extend to the customer material guarantees provided by its suppliers and to repair or replace free of charge any faulty goods where such fault arises due to defective materials or workmanship to:
a) Handles, locks and hinges within one year of installation as defined by the manufacturers;
b) Sealed units within five years of installation as defined by the manufacturers;
c) All other items within 6 months of installation.

The warranty does not extend to:
1. Minor imperfections of the glass as defined by the glass manufacturer’s terms.
2. Damage or faults due to accidents, misuse or neglect by the Customer.
3. Premature failure of material due to the Customer failing to carry out adequate Product maintenance.
4. The removal and/or repositioning of the installation or part of the installation if it has been carried out by persons other than registered and experience installation technicians.

Where the Company has received full payment of amounts due under the contract, the Company guarantees to repair or replace free of charge any PVC-u framing which is not resistant to the effects of weathering and sunlight for a period of 10 years for white and 5 years for any foiled profile from the date of installation subject to the following:
1. the Company shall make a reasonable charge for any service/repair/replacement necessitated as a result of negligence /misuse or failure to maintain including any failure to lubricate and clean regularly and any failure to adhere to the instructions for routine care and maintenance provided by the Company which appear on the website: https://compositedoorspvcwindows.ie
2. where the goods require cleaning or other routine attention this shall be carried out by the Customer and the Company shall not be liable to replace or repair any goods or provide any other service in consequence of the Customer’s failure to undertake appropriate maintenance;
3. the efficiency of sealed glass units is guaranteed for a period of 5 years from the date of installation;
4. while all glass should be of good quality the Company shall be under no liability whatsoever in respect of minor blemishes or imperfections not guaranteed by the glass manufacturer;
5. although double or triple glazed units can reduce condensation on glass there can be variations in different types of property and therefore no guarantee is given in this respect;
6. the Customer shall allow the Company to fit any replacement unit in the most economical manner and within such a period as is consistent with the Company’s normal delivery period. Such units will be manufactured in accordance with the materials and processes used by the Company and/or its suppliers at the time of the replacement;
7. the coloured finish of door, window handles and faceplates along with knockers and letter-plates carry no warranty for surface appearance whatsoever;
8. locking devices and ironmongery carry 12 months’ warranty from date of installation;
9. there will be no service charge for call-outs during the first year of the guarantee subject to the call being genuine and not frivolous or vexatious. After the first year a call out charge of €90.00 will be made for each visit, payable in advance. The €90.00 charge covers the first hour and any subsequent time will be charged at the hourly rate of €90.00. Materials used will be free of charge in the first 12 months unless the service/repair/replacement was necessitated as a result of negligence /misuse or failure to maintain including any failure to lubricate and clean regularly.

16. Georgian Bar Layout
a) The layout of Georgian double glazing bars will be at the discretion of the glazing manufacturer unless a specific layout has been agreed in writing with the Customer in which case the specific layout will be recorded in the Purchase.

17. Condensation
a) Double glazing units are designed to reduce the heat loss which occurs through single glazing, and not to reduce or cure condensation.
b) The Company gives no warranty concerning the incidence, prevention or elimination of condensation following the installation of its products neither do its personnel have the authority to give such a warranty. Condensation appearing within the sealed glazed unit during the warranty period is potentially a product fault and is covered by the terms of the warranties in clause 15.

18. Our Legal Obligations
a) Nothing in these terms and conditions shall be interpreted as excluding or restricting the statutory rights of the Customer. The Company does not seek to limit or exclude liability for death or personal injury arising from its negligence. If the Customer is a consumer acting for purposes wholly outside their trade, business, craft or profession, the Company shall act in accordance with the Consumer Protection Act 2007 or the Sale of Goods and Supply of Services Act, 1980 in respect of any entitlement by the Customer to a refund, repair or replacement.
b) All terms, conditions and warranties (whether implied or made expressly, whether by the Company or its employees, servants or agents or otherwise) relating to the quality and/or fitness for purpose of the Goods or any of the Goods provided (other than those expressed in the terms, conditions and warranties set out in this contract) are excluded to the maximum extent permitted by law.
c) In the event that one clause or part of a clause in these General Conditions of Sale is deemed by a court of competent jurisdiction to be unenforceable or void then that shall not affect the enforceability of the remainder of the contract.
d) The contract shall be governed by and construed in all respects in accordance with the Law of Ireland and each party submits to the exclusive jurisdiction of the Irish courts.

 

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