1.1 We are Bhuuva Enterprises Limited trading as Toughened Glass Systems a company registered
in England and Wales. Our company registration number is 09538740 and our registered office
is at Ferrari House Lotuswise Suite, 258 Field End Road, Eastcote, Middlesex, England, HA4
1.2 These are the terms and conditions on which we supply products to you, whether these are
goods or services.
1.3 Please read these terms carefully before you submit your order to us. These terms tell you who
we are, how we will provide products to you, how you and we may change or end the contract,
what to do if there is a problem and other important information. If you think that there is a
mistake in these terms, please contact us to discuss.
1.4 By placing an order you confirm that you are at least 18 years of age.
1.5 In some areas you will have different rights under these terms depending on whether you are
a business or consumer. You are a consumer if:
1.5.1 You are an individual; and
1.5.2 You are buying products from us wholly or mainly for your personal use (not for use in
connection with your trade, business, craft or profession).
1.6 If you are a business customer these terms constitute the entire agreement between us in
relation to your purchase. You acknowledge that you have not relied on any statement,
promise, representation, assurance or warranty made or given by or on behalf of us which is
not set out in these terms and that you shall have no claim for innocent or negligent
misrepresentation or negligent misstatement based on any statement in this agreement.
1.7 Provisions specific to consumers or businesses are identified below.
2.1 You can contact us by completing our online contact form, emailing
firstname.lastname@example.org, telephoning 0203 633 3224 or by writing to us at 40
Newton Close, London, HA2 9RS UK.
2.2 If we have to contact you we will do so by telephone or by writing to you at the email address
or postal address you provided to us in your order.
2.3 When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
3.1 Our acceptance of your order will take place when full payment or deposit is made, at which
point a contract will come into existence between you and us. Please check your pro forma
invoice and ensure that all the details are correct before making payment. If you are in any
doubt please contact us immediately.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for
the product. This might be because the product is out of stock, because of unexpected limits
on our resources which we could not reasonably plan for, machine failure, because a credit
reference we have obtained for you does not meet our minimum requirements, because we
have identified an error in the price or description of the product or because we are unable to
meet a delivery deadline you have specified.
3.3 Our website is solely for the promotion of our products in the UK. Unfortunately, we do not
accept orders from addresses outside the UK. We are able to deliver to most of mainland UK
but we will advise if we are unable to deliver to you when you place an order. If we
subsequently discover that we are unable to deliver to you, you will receive a full refund.
4.1 The images of the products on our website are for illustrative purposes only. Although we have
made every effort to display the colours accurately, we cannot guarantee that a device’s
display of the colours accurately reflects the colour of the products. Your product may vary
slightly from those images.
4.2 We will provide technical specification details of the product we supply. Images, descriptions
and specifications are provided for your information only. We have made every effort to be as
accurate as possible however all sizes, dimensions and measurements indicated have a +/-
4mm manufacturing tolerance.
4.3 We will endeavour to assist you regarding suitable products if required but you are responsible
for ensuring the specification meets your needs and you should employ a qualified professional
(such as a builder, architect or building officer) where required to confirm this. All projects are
different so we are unable to confirm whether a product will meet building regulations or other
standards or regulatory requirements when used in your project. If in doubt you should obtain
building officer approval using our speciation before placing an order to ensure compliance on
your project. Bespoke items cannot be changed once manufacturing has commenced.
4.4 If you require any further information such as test evidence or calculations these must be
requested prior to placing the order. Such information is provided by the manufacturer or our
supplier and we cannot guarantee it will be available for every product to a level of detail you
4.5 If we are making the product to measurements you have given us you are responsible for
ensuring that these measurements are correct.
4.6 Fixings and building material need to be purchased separately unless specified clearly in our
offering. It is your responsibility to ensure the fixings or building material purchased are
compatible with and suitable for your purpose and product. We recommend that for certain
products especially larger, heavier items that you seek professional advice from a qualified
source prior to ordering to ensure that the items are fit for purpose. We will provide technical
specification details for the product we supply.
4.7 It is your responsibility to ensure access; sizes, weight, fittings and any other product
application requirements are suitable. We strongly advise that you do not firmly schedule any
installation work until receipt of the goods. We will not be held responsible for labour or
machinery cost as a result of a delayed delivery.
5.1 Goods may be covered by warranties given to us by the manufacturer or our supplier. Please
contact us if you would like details of the warranty provided. Warranties are specific to each
of the individual goods and no complete system warranties are provided. For example, the flat
roof light stepped sealed unit product we supply is supported by a 5 year warranty for the
stand-alone sealed unit element only. Failure of the sealed unit resulting in condensation build
up is covered under the warranty of the roof light stepped sealed unit product we supply as
long as it’s fitted in accordance with the fitting instructions.
5.2 We do not manufacture any products and therefore do not provide any warranties ourselves
however if you inform us immediately if you believe a product is defective within the warranty
period, have not breached any requirements of the warranty and we agree the product is likely
to be defective we will try to make a claim under the warranty.
5.3 All claims made under a warranty must be made directly to us by providing the delivery note,
VAT invoice and details of the fault. We will use reasonable endeavours to have your claim
accepted by the manufacturer but can accept no liability in the event that you are unable to
make a claim or if your claim is unsuccessful. We can not accept any liability ourselves under
5.4 Please note that if goods are not used in an appropriate manner, if they are improperly stored,
installed, handled or are modified it is unlikely that the warranty will be valid.
Your rights to make changes
6.1 If you wish to make a change to the product you have ordered please contact us. We will let
you know if the change is possible and whether additional cost would apply. If it is possible,
we will let you know about any changes to the price of the product, the timing of supply or
anything else which would be necessary as a result of your requested change and ask you to
confirm whether you wish to go ahead with the change.
Our rights to make changes
7.1 We may change the product:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and
7.1.2 to implement minor technical adjustments and improvements. These changes will not
affect your use of the product.
7.2 In addition, we may make more substantial changes to the product, but if we do so we will
notify you and you may then contact us to end the contract before the changes take effect and
receive a refund for any products paid for but not received.
Providing the goods
8.1 The costs of delivery will be as provided when you request a quote. When placing your order
please ensure that you have included the full delivery address including an accurate postcode,
a daytime telephone number and email address.
8.2 You will be notified of the expected delivery date a few working days after the order has been
processed. Deliveries will be made Monday to Saturday between 07:00 and 18:00. We aim to
deliver the goods between 3 and 20 working days after the day on which we accept your order
although bespoke products may take longer. If a delivery would normally fall due over the
Christmas shut down period the delivery may be delayed and you will be informed of this.
8.3 If you have any special requirements or believe access to your address may be difficult for a
delivery then please contact us.
8.4 Any time or date for delivery is an estimate only. We cannot accept liability for any delays in
delivery outside of our control. In the event of a substantial delay we will contact you as soon
as possible to let you know and we will take steps to minimise the effect of the delay.
8.5 If you would like to rearrange the delivery date please let us know at least 72 hours in advance
of the estimated delivery date provided by us. If you provide us with less than 72 hours’ notice
we will do our best to rearrange delivery but a re-delivery charge may be incurred.
8.6 If you have asked to collect the products from our premises we will provide the location of the
goods and the opening times within which you will be able to collect the goods.
8.7 Delivery will be complete once the delivery vehicle has arrived at the kerbside. You will be
responsible for unloading the goods from the delivery transport and you will need to ensure
sufficient personnel are available to do so. Our drivers are not permitted to assist with
unloading. If you are unsure of the expected weight of the goods to enable you to arrange
assistance please contact us. You should check the goods on the transport and you will be
liable for any damage to the goods once unloading has commenced.
8.8 If HIAB kerbside pallet delivery has been provided stillages must be made available for
collection within 2 weeks of the delivery date. If stillages are not made available within this
time frame a charge of £1,000 + VAT will be made to cover the cost of the stillages. We will not
be liable to collect stillages if they are not made available for collection within 2 weeks of
8.9 If no one is available at your address to take delivery and the products cannot be posted
through your letterbox we will contact you to rearrange delivery or to arrange for you to collect
the goods. If delivery is rearranged a re-delivery charge will be incurred.
8.10 If you do not collect the products from us as arranged or if, after a failed delivery to you, you
do not re-arrange delivery or to collect them from us we will contact you for further
instructions and may charge you for storage costs and any further delivery costs. If, despite
our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we
may end the contract and clause 12 will apply.
8.11 Goods will be your responsibility from the time we deliver the product to the address you gave
us or you or a carrier organised by you collect it from us.
8.12 You will own the goods once we have received payment in full.
Carrying out the services
9.1 If you have requested services from us in addition to the provision of the goods we will begin
the services on the date agreed with you during the order process. The estimated completion
date for the services will be provided to you during the order process.
9.2 If we are unable to perform all or part of the services due to:
9.2.1 incorrect measurements provided by you;
9.2.2 inadequate power or lighting;
9.2.3 a health and safety risk that cannot be resolved immediately;
9.2.4 walls, floors or other areas not in a suitable condition to commence the services;
9.2.5 lack of safe access or safe parking / loading conditions; or
9.2.6 because you do not allow us access to the site
we shall leave the goods on site and retain 50% of the fees attributable to that day’s services
to cover our time and travel costs and charge you in full for the additional days required to
complete the services as a result. If it is not possible, in our opinion, to leave the goods on site
we will charge you storage costs for the goods. If, despite our reasonable efforts, we are unable
to contact you or re-arrange access to your property we may end the contract and clause
1212.3 will apply.
9.3 We may take pictures when carrying out, or on completion of, the services. If you would prefer
that we did not do this please let us know.
Your rights to end the contract
10.1 Your rights when you end the contract will depend on what you have bought, whether there
is anything wrong with the product, how we are performing, when you decide to end the
contract and whether you are a consumer or business customer:
10.1.1 If what you have bought is faulty you may have a legal right to end the contract (or to
get the product repaired or replaced or a service re-performed or to get some or all of
your money back), see clause 14 if you are a consumer and clause 15 if you are a
10.1.2 If you want to end the contract because of something we have done or have told you
we are going to do, see clause 10.2;
10.1.3 If you are a consumer and have just changed your mind about the product, see clause
10.3. You may be able to get a refund if you are within the cooling-off period, but this
may be subject to deductions and you will have to pay the costs of return of any goods;
10.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your
right to change your mind), see clause 10.6.
10.2 If you are ending a contract for a reason set out in this clause 10.2 the contract will end
immediately and we will refund you in full for any products which have not been provided. The
10.2.1 we have told you about an upcoming change to the product or these terms which you
do not agree to (see clause 7.2);
10.2.2 we have told you about an error in the price or description of the product you have
ordered and you do not wish to proceed; or
10.2.3 you have a legal right to end the contract because of something we have done wrong.
10.3 If you are a consumer then for most products bought online you have a legal right to change
your mind within 14 days and receive a refund. These rights, under the Consumer Contracts
Regulations 2013, are explained in more detail in these terms.
10.4 Your right as a consumer to change your mind does not apply in respect of:
10.4.1 services, once these have been completed, even if the cancellation period is still
10.4.2 any products which become mixed inseparably with other items or items that have
been altered after their delivery; and
10.4.3 any bespoke order made to your specifications. Please note the majority of our orders
are bespoke made to order with the exception of metalwork and glass fittings e.g. base
channels, glass hinges, glass clamps, etc. Once glass is cut to size and toughened it
cannot be altered.
10.5 If you are a consumer how long you have to change your mind depends on what you have
ordered and how it is delivered.
10.5.1 If you’ve bought services you have 14 days after the day, we’ve accepted your order.
However, once we have completed the services you cannot change your mind, even if
the period is still running. If you cancel after we have started the services, you must
pay us for the services provided up until the time you tell us that you have changed
10.5.2 If you’ve bought goods you have 14 days after the day you (or someone you nominate)
receives the goods, unless your goods are split into several deliveries over different
days. In this case you have until 14 days after the day you (or someone you nominate)
receives the last delivery.
10.6 Ending the contract where we are not at fault and there is no right to change your mind. Even
if we are not at fault and you are not a consumer who has a right to change their mind (see
clause 10.1), you can still end the contract before it is completed, but you may have to pay us
compensation. A contract for goods is completed when the product is delivered. A contract for
services is completed when we have finished providing the services and you have paid for
them. If you want to end a contract before it is completed where we are not at fault and you
are not a consumer who has changed their mind, just contact us to let us know. The contract
will end immediately and we will refund any sums paid by you for products not provided but
we may deduct from that refund reasonable compensation for the net costs we will incur as a
result of your ending the contract.
How to end the contract with us
11.1 To end the contract with us, please let us know by contacting us using the contact details in
the contact section above.
11.2 If you end the contract for any reason after products have been dispatched to you or you have
received them, you must return them to us. You must either return the goods in person, post
them back to the address we provide within United Kingdom or (if they are not suitable for
posting) arrange for a courier to send them to us. Please call or email us for a return label. If
you are a consumer exercising your right to change your mind you must send off the goods
within 14 days of telling us you wish to end the contract.
11.3 We will pay the costs of return:
11.3.1 if the products are faulty or misdescribed; or
11.3.2 if you are ending the contract because you have a legal right to do so as a result of
something we have done wrong.
11.4 In all other circumstances (including where you are a consumer exercising your right to change
your mind) you must pay the costs of return.
11.5 If you are responsible for the costs of return and we are collecting the product from you, we
will charge you the direct cost to us of collection. The costs of collection will be the rate charged
by a specialist third party glass courier.
11.6 If you are entitled to a refund under these terms we will refund you the price you paid for the
products including delivery costs, by the method you used for payment. However, we may
make deductions from the price, as described below.
11.7 If you are exercising your right to change your mind:
11.7.1 We may reduce your refund of the price (excluding delivery costs) to reflect any
reduction in the value of the goods, if this has been caused by your handling them in a
way which would not be permitted in a workshop. If we refund you the price paid
before we are able to inspect the goods and later discover you have handled them in
an unacceptable way, you must pay us an appropriate amount.
11.7.2 The maximum refund for delivery costs will be the costs of delivery by the least
expensive delivery method we offer.
11.7.3 Where the product is a service, we may deduct from any refund an amount for the
supply of the service for the period for which it was supplied, ending with the time
when you told us you had changed your mind. The amount will be in proportion to
what has been supplied, in comparison with the full coverage of the contract.
11.8 We will make any refunds due to you as soon as possible. If you are a consumer exercising
your right to change your mind then:
11.8.1 If the products are goods and we have not offered to collect them, your refund will be
made within 14 days from the day on which we receive the product back from you or.
For information about how to return a product to us, see clause 11.2.
11.8.2 In all other cases, your refund will be made within 14 days of your telling us you have
changed your mind.
Our rights to end the contract
12.1 We may end the contract for a product at any time by writing to you if:
12.1.1 you do not make any payment to us when it is due and you still do not make payment
within 7 days of us reminding you that payment is due;
12.1.2 you do not, within a reasonable time of us asking for it, provide us with information
that is necessary for us to provide the products, for example; delivery information,
contact number or clarification on the required specification;
12.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect
them from us; or
12.1.4 you do not, within a reasonable time, allow us access to your premises to supply the
12.2 We may end the contract for a product at any time by writing to you if we are unable to provide
the goods or services.
12.3 If we end the contract in the situations set out in clause 12.1 and 11.2 we will refund any money
you have paid in advance for products we have not provided but if we end the contract in a
situation set out in clause 11.2 we may deduct or charge you reasonable compensation for the
net costs we will incur as a result of your breaking the contract.
If there is a problem with the product
13.1 If you have any questions or complaints about the product, please contact us using the details
set out in the contact section above.
Your rights in respect of defective products if you are a consumer
14.1 If you wish to exercise your legal rights to reject defective products you must either return
them in person, post them back to us or (if they are not suitable for posting) allow us to collect
them from you. We will pay the costs of postage or collection. Please contact us for a return
label or to arrange collection.
Your rights in respect of defective products if you are a business
15.1 If you are a business customer we warrant that on delivery any products which are goods shall:
15.1.1 conform in all material respects with their description; and
15.1.2 be free from material defects in design, material and workmanship;
15.2 Subject to clause 15.4, if:
15.2.1 you reject the products or clearly mark the delivery note with the defects and give us
notice in writing within 24 hours of delivery that a product does not comply with clause
15.2.2 we are given a reasonable opportunity of examining such product; and
15.2.3 you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of
the defective product in full.
15.3 You should only reject the full delivery if none of the products comply with clause 15.1. If you
refuse a delivery with any undamaged items on it you will be charged for the return and the
redelivery of those items.
15.4 We will not be liable for a product’s failure to comply with clause 15.1 if:
15.4.1 you make any further use of such product after giving a notice in accordance with
15.4.2 the defect arises because you failed to follow our oral or written instructions as to the
storage, installation, commissioning, use or maintenance of the product or (if there
are none) good trade practice;
15.4.3 the defect arises as a result of us following any drawing, design or specification
supplied by you;
15.4.4 you alter or repair the product without our written consent; or
15.4.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or
abnormal working conditions.
15.5 Except as provided in this clause 15, we shall have no liability to you in respect of a product’s
failure to comply with the warranty set out in clause 15.1.
15.6 These terms shall apply to any repaired or replacement products supplied by us under clause
Price and payment
16.1 The price of the product (which excludes VAT unless otherwise stated) will be the price
provided in the quotation. We use our best efforts to ensure that the price of the product
advised to you is correct. However please see clause 16.3 for what happens if we discover an
error in the price of the product you order.
16.2 If the rate of VAT changes between your order date and the date we supply the product, we
will adjust the rate of VAT that you pay, unless you have already paid for the product in full
before the change in the rate of VAT takes effect.
16.3 It is always possible that, despite our best efforts, some of the products we sell may be
incorrectly priced. We will normally check prices before accepting your order so that, where
the product’s correct price at your order date is less than our stated price at your order date,
we will charge the lower amount. If the product’s correct price at your order date is higher
than the price stated to you, we will contact you for your instructions before we accept your
order. If we accept and process your order where a pricing error is obvious and unmistakeable
and could reasonably have been recognised by you as a mispricing, we may end the contract,
refund you any sums you have paid and require the return of any goods provided to you.
16.4 We accept payment by WorldPay, PayPal, bank transfer, cheque and cash. When you must pay
depends on what product you are buying:
16.4.1 For goods, you must pay for the products before we dispatch them.
16.4.2 For services, you must make an advance payment as set out on your order
confirmation before we start providing them. We will invoice you for the balance of
the price of the services when we have completed them You must pay each invoice
within two working days after the date of the invoice.
16.5 If you are a business customer you must pay all amounts due to us under these terms in full
without any set-off, counterclaim, deduction or withholding (other than any deduction or
withholding of tax as required by law).
16.6 If you do not pay us for the products by the due date for payment (see clause 16.4) we will
contact you to tell you we are suspending supply. We will not suspend the products where you
dispute the unpaid invoice (see clause 16.7). We may also charge interest to you on the
overdue amount at the rate of 4% a year above the base lending rate of the Bank of England
from time to time. This interest shall accrue on a daily basis from the due date until the date
of actual payment of the overdue amount, whether before or after judgment. You must pay
us interest together with any overdue amount.
16.7 If you think an invoice is wrong please contact us promptly to let us know. You will not have to
pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you
interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you if you are a consumer
17.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is
a foreseeable result of our breaking this contract or our failing to use reasonable care and skill,
but we are not responsible for any loss or damage that is not foreseeable.
17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence
of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for
breach of your legal rights in relation to the products and for defective products under the
Consumer Protection Act 1987.
17.3 If we are providing services in your property, we will make good any damage to your property
caused by us while doing so. However, we are not responsible for the cost of repairing any preexisting
faults or damage to your property that we discover while providing the services.
17.4 If you are a consumer we only supply the products for to you for domestic and private use. If
you use the products for any commercial, business or re-sale purpose our liability to you will
be limited as set out in clause 18.
Our responsibility for loss or damage suffered by you if you are a business
18.1 Nothing in these terms shall limit or exclude our liability for:
18.1.1 death or personal injury caused by our negligence, or the negligence of our employees,
agents or subcontractors (as applicable);
18.1.2 fraud or fraudulent misrepresentation;
18.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2
of the Supply of Goods and Services Act 1982;
18.1.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
18.2 Except to the extent expressly stated in clause 15.1 all terms implied by sections 13 to 15 of
the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982
18.3 Subject to clause 18.1:
18.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach
of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential
loss arising under or in connection with any contract between us; and
18.3.2 our total liability to you for all other losses arising under or in connection with any
contract between us, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, shall be limited to the total sums paid by you for products
under such contract.
How we may use your personal information
near the footer of our website – https://www.toughenedglasssystems.co.uk/.
Other important terms
20.1 We may transfer our rights and obligations under these terms to another organisation. We will
always tell you in writing if this happens and we will ensure that the transfer will not affect
your rights under the contract.
20.2 You may only transfer your rights or your obligations under these terms to another person if
we agree to this in writing. However, if you are a consumer you may transfer the right to
request a claim is made under the warranty to a person who has acquired the product. We
may require the person to whom the guarantee is transferred to provide reasonable evidence
that they are now the owner of the relevant item or property.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of
its terms, except as explained in clause 20.2 in respect of our guarantee. Neither of us will need
to get the agreement of any other person in order to end the contract or make any changes to
20.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs will remain in full force and
20.5 If we do not insist immediately that you do anything you are required to do under these terms,
or if we delay in taking steps against you in respect of your breaking this contract, that will not
mean that you do not have to do those things and it will not prevent us taking steps against
you at a later date.
20.6 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure
to perform, any of its obligations under this agreement if such delay or failure result from
events, circumstances or causes beyond its reasonable control. In such circumstances the time
for performance shall be extended by a period equivalent to the period during which
performance of the obligation has been delayed or failed to be performed. If the period of
delay or non-performance continues for 30 days the party not affected may terminate this
agreement by giving 14 days’ written notice to the affected party.
20.7 The copyright in all material and images on our website belongs to us and you must not use
these without our permission. You own the copyright in any pictures you send to us of the
goods (for example pictures of the completed project) but you agree to grant us a nonToughened
exclusive, irrevocable, royalty free, worldwide licence to use those pictures in our promotional
materials and on our website. We own the copyright in any pictures we take during or on
completion of the provision of the services.
Governing law and jurisdiction
21.1 Any dispute or claim arising out of or in connection with a contract between us or its subject
matter or formation (including non-contractual disputes or claims) shall be governed by and
construed in accordance with the law of England and Wales.
21.2 If you are a consumer you can bring legal proceedings in respect of the products in the English
courts. If you live in Scotland you can bring legal proceedings in respect of the products in
either the Scottish or the English courts.
21.3 If you are a business the courts of England and Wales shall have exclusive jurisdiction to settle
any such dispute or claim.