Standard terms and conditions for sale of goods from D’Best PVC Window and Door Parts.
In this document the following words shall have the following meanings:
1.1 “Buyer””Customer” means the person who buys Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in the CONSUMER PROTECTION ACT 2007
1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.4 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 “Seller” means D’Best Window and Door Parts, Unit 7 Heatherview Business Park, Longford. N39XO23
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
3 Price and Payment
3.1 The price of the Goods shall be that stipulated in the Sellers current List Price/on the Sellers website/as contained in the Sellers Quotation (as applicable) at the date of order or as agreed between the parties. The price is exclusive of any delivery charges.
3.2 Payment of the total purchase price (including any delivery charges) must be made in full before dispatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 10 working days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavour to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Title and risk in the Goods shall pass to the Buyer upon payment for the Goods.
5.1 The Seller warrants that the Goods will at the time of delivery correspond as close as possible to the description given by the Seller, the Seller reserved the right to substitute any items for an item which may not match the description exactly but does the exact job as the goods ordered and may have some cosmetic differences but will be of the same quality and value and fit for the same purpose as the original goods ordered..
6 Cancellation And Returns
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 14 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 The Buyer must notify the seller of the defect in writing and request a Goods Return Form (AVAILABLE HERE) This form MUST be used and either the order number or invoice number must clearly be shown on the package. Goods returned without this will be rejected and may be returned to you at your cost.
6.4 Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to return & cancel the goods and receive a refund. The goods must be returned safely, un-marked and unopened within 14 days of receipt of the Goods. Goods must be returned at the Buyers cost and should be adequately insured during the return journey. The Seller DOES NOT refund any return POSTAGE costs, this is borne by the Buyer. Postage costs for returns due to faulty parts or sent wrong by the company will be refunded. The Buyer must notify the seller of their intention to return the goods by informing the Seller within 14 days.
Note: Special Order Items are exempt from this (See condition 6.8)
6.6 The Buyer is advised to carefully check any descriptions, dimensions, and photographic images supplied on the sellers website before purchasing items to ensure that the product is the correct one required.
6.7 Goods that have been cut, marked, or damaged by the buyer will be deemed as used and unless proved to be faulty or defective they will not be refundable.
6.8 Special order items are items ordered, cut to length such as draught seals, winlock custodian window handles, or built for your specific requirements, and are parts we cannot or do not re-stock. Therefore they must be paid for in full, prior to the seller ordering the goods and are not returnable under any circumstance except where deemed faulty.
6.9 Purchases that have not been returned within the 14 day returns time period (shown in condition 6.5) will not be refunded. Items that are returned outside the return period will be returned to you at your own postage cost or should the company agree to accept the return items back into stock will do so at a 25% re-stocking fee plus the postage costs we have incurred to provide the order to you. These costs will be deducted from any purchase refund due.
7.1 In addition to the Buyers statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of invoice. However the end customer accepts that parts are maintained free from corrosion, lubricated, and that the parts are fitted correctly and onto windows or doors by competent fitters and that are also plumb square and in good working condition. No guarantee can be given against finishes to parts that have had chemical cleaners applied to them or in areas of high salt or chemical discharges in the air which may also cause a reaction.
8 Limitation Of Liability
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however, the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3 We guarantee to you that products purchased from doorandwindowparts.ie are of a satisfactory quality and fit for the purpose for which products of this kind are supplied.
8.4 You agree that any liability on the part of the seller for losses you may suffer as a result of us breaking this agreement is strictly limited to the purchase price of the products you purchase which is strictly on a supply only basis. You, therefore, agree we are not responsible for indirect losses.
8.5 Faulty Items: Goods that are deemed faulty through no fault of your own will be due a full refund including return postage costs on your part once we have inspected the goods and accepted that the goods are indeed faulty. If it transpires that that the fault is not with our part or us, we will send the part back to you without delay, the cost of return postage in this instance is at the buyers expense.
9 Import Duties
9.1 We are happy to supply products outside the Republic of Ireland, however, they may be subject to import duties and taxes which are generally levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We are not party to these regulations. Items ordered from our site will be charged out at Irish tax revenue rates and paid to the Irish tax and revenues. You are advised to speak to your local customs office if you require information for your own circumstances we will not be liable for any breach by you of any such laws.
10 Force Majeure
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to Pandemics, acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 Governing Law and Jurisdiction
12.1 These Terms and Conditions shall be governed by and construed in accordance with the law of the Republic of Ireland and the parties hereby submit to the exclusive jurisdiction of the Irish courts.