Terms and Conditions

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision of window, door, conservatory, and orangery fitting services by Rococo Glass Ltd (“the Company”) to customers who require these services to be provided at their home. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Agreed Times”

means the times which You and We agree for the Company to have access to the Property to complete the Job;

“Agreement”

means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions. Our standard form of Agreement is attached as Schedule 1;

“Business”

means any business, trade, craft or profession carried on by You or any other person/organisation;

“Consumer”

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Company who receives Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;

“Deposit”

means the deposit You may be required to pay in accordance with Clause 5;

“Final Fee”

means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions;

“Job”

means the complete performance of the Services;

“Model Cancellation Form”

means the model cancellation form attached as Schedule 2;

“Order”

means Your initial request for Us to provide the Services as set out in Clause 4;

“Products”

means the products required for the provision of the Services which We will supply (if any) as specified in the Agreement;

“Property”

means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;

“Quotation”

means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;

“Quoted Fee”

means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;

“Start Date”

means the date You and We agree on for Us to start providing the Services as specified in the Agreement;

“Visit”

means any occasion, scheduled or otherwise, on which an employee or agent of the Company visits the Property to provide the Services;

“We/Us/Our”

means the Company and includes all employees, agents and sub-contractors of the Company;

“Services”

means the provision of window, door, conservatory and orangery fitting services or any other by services We will provide as specified in the Agreement;

“You/Your”

means a Consumer who is a customer of The Company.

• Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail or other means.
• Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
• The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
• Words signifying the singular number will include the plural and vice versa.
• References to any gender will include any other gender.
• References to persons, unless the context otherwise requires, include corporations.

2. Information

2.1 We are a Limited Company.

2.2 We trade under the name Rococo Glass Ltd. 

2.3 We are registered in England under number 03720944.

2.4 Our registered office is at Unit 48 Romsey Industrial Estate, Greatbridge Road, Romsey, Hampshire, SO51 OHR. 

2.5 Our VAT number is 1147821250.

2.6 We are regulated by Assure Certification Ltd.

2.7 We are a member of The Consumer Protection Association. 

3. Communication and Contact Details

3.1 If You wish to contact Us with questions or complaints, You may contact Us by telephone at 01794 511180 or by email at enquiries@rococoglass.co.uk.

3.2 In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:

contact Us by email at

enquiries@rococglass.co.uk;

or contact Us by post at 

Rococo Glass Ltd, Unit 48 Romsey Industrial Estate, Greatbridge Road, Romsey, Hampshire, SO51 OHR. 

4. Orders

4.1 We accept orders for Services via email, or in writing.  

4.2  You must ensure that any representation or promise made before or at the time you sign this agreement is included in writing on your project contract, or any related continuation sheet. Only items stipulated on your project contract are included within your order with Us.

4.3 When (but not before) You have returned the contracted signed and dated, and You have paid the Deposit, a legally binding contract between You and Us will be created for Us to provide the Services and for You to pay for them. 

4.4 If you wish to change your Order after accepting the contract, please contact Us and We will tell you whether or not the change can be accommodated, along with any changes to the fees payable as a result. If we cannot accommodate the changes or the changes to the fees or other matters are not acceptable to you, you may cancel in accordance with Clause 10 and 11.

5. Deposit

5.1 At the time of accepting the contract or not more than 7 Calendar days thereafter, depending on the nature of the work and any specialist Products required in advance, You will be required to pay Us a Deposit. We will not confirm an Order until the Deposit is paid in full and we are in receipt of a signed contract.

5.2 If you cancel the Services, We may retain some or all of the Deposit as set out in Clauses 10.

6. Fees and Payment

6.1 The contracted Fee will include the price payable for the Services and for the estimated Products required.

6.2 We will fix our price for 12 weeks from the date of the deposit payment. If the project is delayed by You and We do not start production within 12 weeks from the date the deposit is received, We reserve the right to revisit our quotation.

6.3 We will, where reasonably possible, use only the Products (and quantities of Products) set out in the contract and the Agreement; however, if additional Products are required, We will adjust the Final Fee to reflect this.  We will keep any increases to a necessary minimum, will keep You informed at all times, and will not proceed without your agreement.

6.4 The contracted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.

6.5 We will invoice You in line with the payment schedule on your contract.

6.6 Payment is due within seven days of the issue of any invoice’s. 

6.7 In the unlikely event of there being a defect/discrepancy with any of the products a retention of 2.5% may be applied until such time as the defect/discrepancy has been remedied. We must be notified of any defect/discrepancy within 24 hours of an installation.

6.8 We accept the following methods of payment:

Debit Card;

BACS;

6.9 If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 8.5% above the base rate of The Bank of England from time to time until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.

6.10 If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.

6.11 You agree to meet any and all professional costs arising from non-payment of overdue invoices. 

6.12 Zero rated projects (New Build) if the Purchaser has advised that this is a zero-rated project, they must obtain the necessary certificate to confirm its VAT status and provide US a copy. The purchaser must also indemnify the Company from any future costs relating to VAT if it is later found to be incorrect

6.13 You warrant that you have the authority to enter this Contract and has obtained all the necessary consents/ funds for the carrying out of the work.

6.14 All warranties and guarantees become void if payments to us are not made in full.

7. Services

7.1 We will provide the Services in accordance with the specification set out in the accepted contract and in the Agreement (as may be amended by agreement between You and Us from time to time).

7.2 The responsibility (sometimes referred to as the “risk”) for the Products remains with Us until they have been delivered to You at which point it will pass to you. You will own the Products once We have received payment in full for them.

7.3 We will ensure that Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.

7.4 We will ensure that We comply with all relevant codes of practice.

8. Complaints and Feedback

8.1 All complaints are handled in accordance with Our complaints handling policy and procedure is available from enquiries@rococoglass.co.uk

9. Cooling Off Period

9.1 Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period.  This period begins once the contract between You and Us is formed. By signing our contract you accept that you are waiving your rights to your cooling off period so that Rococo can start work on your project immediately

10. Termination 

10.1 You may terminate the Agreement with immediate effect at any time by giving Us written notice if:

10.1.1 We have breached the Agreement in any material way and have failed to agree remedial action to remedy that breach within a 30 day period of You asking Us in writing to do so;

10.1.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;

10.1.3 We may terminate the Agreement with immediate effect by giving You written notice if:

10.1.4 You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.9); 

10.1.5 You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or

10.1.6 For the purposes of this Clause 12, a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

10.2 If at the termination date:

10.2.1 You have made any payment to Us (including, but not limited to, the Deposit, where applicable) for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of your breaking the Agreement. 

10.2.2 We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

11. Effects of Termination

11.1 If the Agreement is terminated for any reason:

11.1.1 Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.

11.1.2 Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

12. Events Outside of Our Control (Force Majeure)

12.1 We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .

12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

12.2.1 We will inform You as soon as is reasonably possible;

12.2.2 Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly.

12.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times, or availability of Services as necessary.

13. Liability

13.1 The supplier does not exclude liability for (i) any fraudulent act or omission or (ii) for death or personal injury caused by negligence or breach of the suppliers’ other legal obligations. Subject to this, the supplier is not liable for loss which was not reasonably foreseeable to both parties at the time when the Contract was made or (i) loss (e.g. loss of profit) to the Customers business trade, craft or profession which would not be suffered by a Consumer because the supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft of profession.

14 . How We Use Your Personal Data (Data Protection)

14.1 We will only use Your personal data as set out in Our Privacy Notice available on our website www.rococoglass.co.uk.

15. Survey 

15.1 We will not book in your survey until we are in receipt of cleared funds for the deposit payment. The lead time for the products will not start until after the signed survey report has been received.

15.2 A site visit and survey are included within our quotation. Abortive survey visits are charged at £250.00 per visit.  We can supply a pre-survey checklist prior to our survey to clarify our requirements (please request this checklist if it has not been issued to you)

15.3 This agreement is conditional upon Our  surveyor’s approval of the Schedule of work following inspection.

15.4 If the surveyor’s approval is not given for whatever reason or you do not accept the proposed modifications, the deposit will be refunded, less any costs incurred (any survey carried out is charged at a minimum of £350 +vat), and the agreement will be at an end. If We decide not to proceed with your project due to the above, the survey cost will be omitted.

15.5 All windows and doors will be fitted at our surveyor’s discretion, if any specific position, method, or guideline is sought by the you, this must be agreed in writing with our surveyor and noted within your survey report.

15.6 The technical survey carried out by Us is not a full structural survey of your property and will only deal with items which are reasonably ascertainable from an external examination of the installation site. The contract price is therefore calculated on the basis that your property is structurally sound and there are no factors that are not reasonably ascertainable from an external examination. This includes the presence of hazardous materials such as asbestos and the omission of lintels which would make completion of the contract more difficult than reasonably anticipated on such survey.  If such factors are found to exist at any time after technical survey, we reserve the right to charge an additional fee for carrying out the additional work by reference to the time and materials involved.  If and to the extent that such factors exist, we will notify you of the additional cost.  We will also be entitled to amend the installation period proportionately to the increase of work required.  If you wish to have the extra work carried out by your own contractors, this will be acceptable if we agree the extra scope of works. Should our surveyor feel the need to carry out an asbestos sample test, this cost will be covered by the purchaser (Asbestos tests currently cost £35 and you will receive a copy of these). 

15.7 We install many different product ranges, specification of these products can regularly change. We reserve the right to modify hardware, frame and glazing details periodically to maintain the highest standards and current industry requirements.

15.8 We have priced for our own items and fixing to a suitable substrate.  We are not responsible for the substrates of others or the suitability of existing structures to accept new loads/load applied by our works.  We have not allowed for associated site work unless stated i.e. Supporting steelwork, timber grounds or lead flashings.

15.9 Frames - overall sizes of frames, transoms, mullions are subject to a 3mm + or - tolerance, joints may have a + or – 1mm tolerance, which is deemed acceptable.

15.10 Our tolerance guidelines for aluminium pressing/fascia installations allow a margin of +/- 3mm.  this is to allow for manufacturing and fitting tolerances, as well as movement or expansion due to high temperatures.

15.11 We offer aluminium pressings in a maximum of 2500mm lengths and frames/cills in 5000mm lengths. Joints to frame will normally be central unless requested elsewhere.

16. Installation 

16.1 The Company will use its best endeavours to adhere to any delivery or installation period quoted, but time shall not be the essence of the Contract.

16.2 We will require access to the premises at all reasonable times for the purpose of carrying out work.  An electricity and water supply will be required as well as access to welfare facilities. If this is not available then an additional provision will be required, the cost of which has not been included within this contract.

16.3 Our  normal working hours are Monday - Friday 8am - 5pm excluding bank holidays. Our price is based on deliveries and works being carried out during normal working hours and in one continuous visit within the confines of a mutually agreeable programme. Multiple visits and multi-phased working will be chargeable unless specifically agreed and stated in our quotation.

16.4 We will make good external cement work/internal plaster where disturbed, however we cannot be responsible for any damage caused to Ceramic tiles or specialist finishes, these cannot be guaranteed against breakage or replacement.( Coloured renders are specialist finishes)

16.5 We are not responsible for decoration of the aforementioned, or any other adjoining surfaces.

16.6 It is the purchaser’s responsibility to ensure external access is clear of plants and shrubs that are precious or that may hinder installation. We will require at least one metre of clear access internally and externally of the installation area.

16.7 Curtains/nets/blinds should be removed prior to our visit and refitted by others following the installation. If these are not removed, we will carry this out at our standard hourly rate of £55 per hour (rounded up to the nearest hour). However, these must be refitted by others.  Alarm contact/sensors/ Satellite Dishes/ TV Aerials and alike are to be removed and replaced by a specialist company before and after installation, this is the responsibility of You  to arrange this prior to installation, the cost of which has not been allowed for within this contract.

16.8 Once Our installers have started your installation they must be allowed to work at a normal pace at your property or premises, if they are asked to stop or are delayed for any period longer than 30 minutes you will be charged at waiting time of £55 + VAT per man/hour in addition to your contract total. Please be aware that should works be put on hold by the customer, multiple visit charges may become applicable.

16.9 It is the purchaser’s responsibility that any part of the property or items which the purchaser feels, including glass roofs, require special protection, are attended to by yourselves prior to installation unless otherwise agreed in writing with the surveyor. This may result in an additional charge. 

16.10 Parking of Our  vehicles is required on site or within 20 metres. Any parking permits are to be supplied by the purchaser. Space in the garden or driveway may be required to site skip and building materials if applicable.

16.11 Building sites - We take no responsibility for securing the property overnight when our works are ongoing. This is assumed to be the responsibility of the Customer/Main contractor on site.

16.12 We endeavour to allow for all necessary standard access equipment (ladders and a two  storey tower) within our quotation.  However, we reserve the right to charge additional costs should we discover that further access equipment is required following our site/access survey.  We make no allowance for craneage or static scaffolding unless agreed otherwise in writing or detailed within our quotation.

16.13 UPVC and Aluminium profiles cannot be guaranteed to be free of minor scratches or blemishes. It is rare but occasionally a scratch or blemish may be apparent, if such a mark or blemish is visible from 3 metres, we reserve the right to carry out a localised repair if we feel this will rectify the situation, this is deemed to be acceptable and will not affect the overall performance of the glazing product. Sprayed uPVC trims are used in Aluminium applications and therefore slight shade/texture differentials may be apparent due to the different material types.

16.14 We have allowed to clean our installations as they are built, however we have made no allowance for a final clean and if required this item would be chargeable unless agreed otherwise in writing.

16.15 We have made no allowance within our quotation for protecting our works post installation.

17. Glazing

17.1 Glass blemishes - will be subject strictly to the Glass & Glazing Federation Guidelines. Tint may also change if windows are manufactured at different times or from different batches of glass. These are not detrimental to the functioning of the unit and are not deemed to be a defect.

17.2 Glass units carry a 10-year guarantee unless they fall into one of the following items – Blinds within glass units carry a manufacturer two-year guarantee and the units containing these carry a 5-year guarantee. Bonded units (generally slimline sliding door glass) carry a 5-year guarantee, Insulated glass units carry a 5-year guarantee.

17.3 We take no responsibility for nickel sulphide inclusions and/or any other non-detectable inclusions within the body of the glass. These and stress fractures can occur naturally within the raw materials and are undetectable during the manufacturing process. Any failure of the glass due to a nickel sulphide inclusion or stress fracture is not covered by any warranty from the manufacturer, supplier or Us.  All glass is manufactured in accordance with the relevant BS/EN regulations and tolerances (all toughened glass has a tolerance of +/- 2mm).  Any visual defects in the glass are deemed acceptable if they are not noticeable from 3 metres away (toughened glass) at right angles to the glass and in normal daylight excluding the 50mm band around the glass edge.  Visual checks for scratches are to be completed prior to any finishing works being done on site, We cannot be held responsible for any external scratches not reported within 24 hours of the glass being installed.  All glass can be assessed in accordance with the GGF guidelines and if tests are not passed units will be replaced.  Please request a copy of the GGF guidelines if you would like comprehensive information on this subject.

17.4 We will take responsibility of our units until they are installed. Once the units are installed, the responsibility of the units is the Yours, We do not take responsibility for any damage caused by others when items are being stored on site.

17.5 We can only provide warranty and guarantee if condensation is found between the glass units. We do not provide any guarantee against the prevention or elimination of condensation forming within your home.

17.6 Breakages are not covered after our glass is installed.

18. Products

          18.1 The manufactures product guarantee and their terms are passed directly onto you the customer, Rococo Glass will cover any labour involved in replacement parts under                  our guarantee.

19. Building Works (if supplied by The Company)

19.1 Whilst every effort will be made to match all existing building materials, an exact colour and texture match cannot be guaranteed. This is due mainly to manufacturing processes, weathering, and product availability.

19.2 If Our products are installed into new apertures formed by others, We are not responsible for failure or deflection of an aperture onto our products.

19.3 Footings: the ground will be excavated for footing to a maximum depth of 1000mm. Should the ground be found to be made up or unstable, extra depth footing, and or piling will be required and will be subject to additional costs. This will be reported to and agreed by you prior to any additional works being carried out. However, should you decide not to proceed any further you will be liable for all costs and materials already supplied or ordered.

20. Electrical Works (If supplied by the Company)

20.1 Following the event of BS7671-2022, our price for electrical works covers the fitting of new items listed on our sale sheet and connection up to property.  However, if your present installation does not conform to BS7671-2022, we will not legally be allowed to connect to your property without relevant works being rectified.  We will be happy to provide a quote for these works required but responsibility remains with the purchaser to have these works carried out before we can make final connection. Electrical items supplied carry a twelve month manufactures warranty.

21. Planning Applications (If supplied by the Company)

21.1 If we are arranging your planning application in house or via an agent a charge to cover costs incurred is still applicable in the event of planning rejection.  However, should an application be granted but you the purchaser decides not to proceed with the order, the deposit shall be forfeited in full.

22. Law and Jurisdiction

22.1.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. 

22.1.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.

22.1.3 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.