CONDITIONS OF SALE

General conditions 

1. The customer agrees to purchase and have installed (where applicable) and the company agrees to supply and install (where applicable) the units and materials as specified in the form of order. 
2. All prices are subject to VAT at the current rate at the point of invoicing. 
3. Title in the goods will not transfer until final payment of the contractual price. 
4. The customer acknowledges that they have been shown and understand the design plans and specifications for work and that they are happy for the company to proceed using the same. 
5. The customer should not rely upon any verbal representation made by any of the company's representatives, agents or employees prior to the signing of this contract unless the same has been included in writing in this contract.

Product conditions

6. All orders are manufactured on a ‘made to measure basis’ and cannot be returned. However this does not affect your legal rights as a consumer in relation to made to measure goods that are faulty.
7. For ‘supply only’ contracts - the customer is responsible for providing precise measurements and specification details. The company accepts no responsibility for the energy rating (WER) of the windows or doors if purchased without glazing. 
8. The company reserves the right to make variations in the specification of any of its products at its discretion and without prior notice to the customer, in keeping with the company policy of continuous development and improvement. If the specification changes materially the customer must be given the opportunity to agree to any change and will be allowed to cancel the contract without penalty. 
9. The company does not claim that its products eliminate or even reduce the incidence of condensation in all cases. After installation, condensation may form on glass externally, this is positive proof that heat is being retained inside the building and in no way points to proof of a defective product. After installation condensation may form internally where no condensation has been noted previously – this is because new windows or doors may trap moisture-laden air which was previously escaping. Again, this in no way points to proof of a defective product. 
10. The company will not accept any liability for minor imperfections in glass or small surface scratches on any product resulting from its handling and/or fabrication.
11. If an imperfection cannot be seen from a distance of 3m from the glass or on our profile, in normal daylight (not direct sunlight) with the naked eye it is defined as minor and is deemed acceptable by the Glass and Glazing Federation (GGF).
12. Kite marks will be present on Toughened and Laminated glass sealed units however they are not required to be present in the same corner within a single unit, they also may be on different corners on each unit even if they are fitted next to each other, therefore they are not defective and will not require replacements.
13. Kite marks are not required on sliding wall glass and therefore will not be present. 
14. Leaded, coloured lights and bevelled units are all handcrafted, it is expected that minor imperfections will be present, small surface scratches on lead and small bubbles are classified as minor imperfections and do not warrant replacement units.
15. Flemish obscure patterned glass can have a milky appearance when it is toughened, this is unavoidable and any units displaying this will not be changed.

Installation conditions

16. All installations are subject to a technical survey in respect of which the customer agrees to allow access to the company surveyor. 
17. The company reserves the right to cancel this order in the event that the surveyor is not entirely happy that the company can fulfil its obligations to the customer within the contract price. ln this event, any deposit or monies in respect of the contract will be refunded in full by the company. 
18. The customer shall grant the Company's Representative unrestricted access to the premises at all reasonable times for the purposes of taking measurements, of carrying out the works forming the subject of the Contract and for any subsequent remedial work if required.  
19. In some cases the Company may need to site skips, ladders, scaffolds or vehicles on the premises in order to complete its contractual obligations. Any scaffolding erected by the company, or equipment used for the Installation, is not permitted to be used by the customer and we will not be responsible for any damage or injuries caused if this is not adhered to.
20. The customer will arrange to clear the working area of all personal furniture and belongings prior to installation. The customer will not hold the company liable in the event of any damage to property that has not been cleared away unless caused by the company's negligence. 
21. The customer is responsible for the removal of any fixtures or fittings that require specialist knowledge for their removal such as door bells, electrical fittings, radiators, telephone or electrical cables and will not hold the company liable for any consequential damage to the same in the event that they have failed to do so unless caused by the company's negligence. 
22. The service we offer in some circumstances to remove and re-fit blinds, plantation shutters or curtains does not guarantee that they will fit back as they did before the installation. We also take no responsibility for the blinds, plantation shutters or curtains or their parts if they are damaged during this process.
23. The company will not accept any liability for making good any interior or exterior finishes unless caused by the company's negligence. Please note that we will not repaint the rendering after an installation is completed.
24. The Customer accepts that in the event the Company has carried out any plaster work or brickwork in the installation that minor defects are likely due to settlement conditions and will not hold the company liable for the same.
25. The contract price does not include repairing any existing brickwork, timber or other existing building structure material which is found to be defective during the installation other than that stated on the contract, where this arises, the problem will be brought to the attention of the customer and will be the subject of a separate quotation.
26. The contract price does not include removal of Asbestos if discovered during installation. The customer should inform the company before signing this contract if Asbestos is known to be present in any part of the property. If Asbestos is discovered during installation all costs associated with it’s identification and removal will be the subject of a separate quotation
27. It is the customer's responsibility to ensure that any part of the property connected to the company's product is not defective before any work begins

Conservatory / Veranda / Pergola installation conditions

28. On contracts including roofs it may be necessary to add or remove tie bars, or add more or fewer roof bars, this will be determined by the conservatory roof manufacturer to ensure structural integrity and will be adhered to by the company.
29. The Company cannot guarantee to provide exact matching brickwork, current brick supplies are metric and differ to old imperial brick sizes. Colour matching cannot be guaranteed as bricks age and the colour fades over the years. New bricks will be similar but not an exact match.
30. The Customer accepts that the company cannot be held liable for the condition of existing fittings such as downpipes, stench pipes and manhole covers which have been part of the customer ’s premises prior to the commencement of works.
31. If the Company has to box in such pipes or cover such manholes for a better appearance it will not be liable in the event that the customer has to have work carried out which requires the removal of the box covering or flooring in the future. 
32. The company is not responsible for any damages caused to a Finesse installation by hidden issues in the fabric of the existing property; e.g.  water ingress caused by faulty existing rendering or a defective existing roof.

Guarantee conditions

33. The Company undertakes to repair or replace free of charge any products which prove defective as a result of faulty material or workmanship within the guarantee period. Provided that notice of the defect is given as soon as is reasonably practical. 
34. All products are guaranteed for the periods as shown below:

35. The guarantee is only transferable upon sale of the Customer’s property with the written permission of the Company. Such permission will not be unreasonably withheld but an administration fee for the transfer will be charged at the current rate.
36. Removal and / or re-positioning of the installation by persons other than the Company's personnel will invalidate the warranty. 
37. The company's formal written guarantee will be sent to the customer upon receipt of all monies owed. 
38. Any repair work carried out or replacement units supplied within the guarantee period under the terms of the Company's guarantee will also be covered by the guarantee, but only for the remainder of the original guarantee period. 

Exclusions: The Company accepts no liability in respect of the following exclusions to the guarantee:

1. Fair wear & tear: The Company accepts no liability for damage or deterioration to the product arising out of fair wear and tear. Windows and door handles used regularly will become 'loose' with use and is not covered within the guarantee.  
2. Environmental factors: Damage or defects caused by rain, storm, sun, snow, hail and pollution internally or externally during or after installation (standing water in conservatory box gutter is completely normal and does not indicate a defective product)
3. Subsidence movement: Damage due to subsidence, underground or mine workings.
4. 3rd party work: Work carried out by a third party or the customer or such other party acting on the customers instructions without the written consent of the Company.
5. Broken Glass: Broken glass and broken conservatory or veranda roof panels or sliding glass doors (however broken) are excluded from this guarantee, this includes imploded units (unless this occurs within 1 month of installation)
6. Door thresholds: Any damage caused to door frames especially thresholds are excluded from this guarantee - please note they are not designed to be stood on but should be stepped over.
7. Colour stability guarantee: The company guarantees the colour stability of all white and colour foiled UPVC products and powder coated aluminium products only. The Company cannot guarantee that all other components will not fade or discolour over the guarantee period. This is due to the fact that the materials used in the different components may react to pollution and weather conditions such as sun, rain, snow and hail. For this reason the Company can only guarantee any discolouration of all other products for 2 years.
8. Supply only products must be installed in accordance with the manufacturer’s installation instructions. Failure to do so will invalidate the guarantee.

Cancellations conditions - (not applicable to purchases via web-site)

Where a contract is negotiated away from business premises, if the customer is unhappy with the contract for any reason, the contract can be cancelled and a full refund of any deposit obtained by giving notice in writing to the company at 39 Melchett Road, Kings Norton, Birmingham, B30 3HP within fourteen days of the date on the contract. Any cancellation notice should be sent by Recorded Delivery. 

Complaints procedure

Complaints - Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use TGAS (The Glazing Arbitration Scheme) for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted Traders in the first instance on 029 2267 0040.

Payment conditions

39) Unless otherwise agreed in writing - payments shall be made promptly for each product group as per the table below:

40) Payments shall be made promptly for each product group as per the table below.

41) Where stage payments are applicable it is agreed that the company will not progress to the next stage if payment is not received.

42) It is agreed that the balance payment will be made promptly on the last day of the planned installation (i.e. when the items are installed and the installers are ready to leave).

43) It is agreed that a maximum of 10% of the balance may be retained by the customer if there are snagging items to attend to.

44) If an installation has commenced but parts of the installation have been delayed at the customer’s request it is agreed that the balance will be payable less 10% as described above. It is not permitted that the whole of the balance remains unpaid due to the customer delaying parts of the installation. 

45) All guarantee and certification documentation (inc Building Regulation and electrical certification) relating to any contract will only be issued once payment has been received in full. 

46) Payments can be made in any of the following ways:

Payment methods:

The easiest way to pay is via the ‘My Finesse’ online customer portal on our website www.finesse-windows Simply enter your customer number and postcode and you are able to make payments and keep track of your order.

You can also pay in any of the following ways...

• By bank transfer – please use the account details below and quote your ‘contract number and Surname’ as the payment reference:

Account Name: Finesse Windows Ltd

Sort Code: 30 - 94 - 74

Account Number: 00724752

IMPORTANT – this is the only bank account we have. We will never ask you to pay money in to any account other than

this one named above. If you do receive any form of communication asking you to pay into any other account please

treat this as a fraudulent request, do not pay and notify us immediately.

• By debit card in person in our showroom.

• By debit card or credit card by calling our 24hr automated payment service on 0118 207 5346

• By debit card or credit card by calling our office on 0121 451 3724 (OPTION 2)

• By cash or cheque – this can be handed straight to the installers

Returns Policy: Web-site purchased items only

We want you to be 100% happy with your product(s) and if you are not then you may return the product to us unused and in a resalable condition within 14 days under our full money-back guarantee. Please note that any delivery fee is not refundable. Goods requiring assembly are non-returnable once constructed. Please note that you are responsible for ensuring that all product(s) are in their original packaging and wrapped securely. Exemptions to this guarantee are:

• Custom-ordered/special order products
• Products that have been assembled or used
• Products without original packaging

Returns:

To start a return, you must contact us at enquiries@finesse-windows

If your return is accepted, we will send you a return shipping label, as well as instructions on how and where to send your package. We will send collection instructions for larger items - collections are completed by our team. Items sent back to us without first requesting a return will not be accepted.

Damages and issues:

Please inspect your order upon receipt and contact us within 5 working days if the item is defective, damaged or if you received the wrong item so that we can evaluate the issue and correct it. Check for any issues on all parts before assembling your item as we cannot be held responsible for any damage identified once erected. Please email us at enquiries@finesse-windows.co.uk and attach images/videos for the team to analyse the fault. We will contact you to arrange for a replacement to be sent.

It is recommended that you check the products inside before signing for them if the packaging is damaged on receipt. Please note that you are responsible for ensuring that you use the original packaging and ensuring the parcel is securely wrapped when returning items. For orders delivered or returned using the customer's own courier service, we cannot be held responsible for damaged goods and you will be unable to claim a refund or exchange.

Refunds:

We will notify you once we have received and inspected your return, and let you know if the refund was approved or not. If approved, you will be automatically refunded on your original payment method within 10 working days. Please remember it can take some time for your bank or credit card company to process and post the refund too. If more than 15 business days have passed since we approved your return, please contact us at enquiries@finesse-windows

As at 13/12/2023