Consumer Terms and Conditions of Sale
All orders are placed with Fired Earth which is a business name of Fired Earth Limited, part of the AGA Rangemaster Group Ltd. Registered in England and Wales No. 1733704. VAT Registration No. GB 100 5835 13. Registered Office: C/O Aga Rangemaster, Meadow Lane, Long Eaton, Nottingham, NG10 2GD.
These terms and conditions will apply to all sales of products made by Fired Earth to our customers.
In these terms, except where the context indicates otherwise, the following phrases will have the following meanings:
Fired Earth means Fired Earth Ltd, registered address, Juno Drive, Leamington Spa, Warwickshire, CV31 3RG.
‘Goods’ means the products which we are selling to you as set out in the Order.
‘Order’ means a document whether in hard copy or electronic form produced by us setting out the Goods we are to supply to you under these terms.
‘Unexpected Event’ shall have the meaning given to it in clause 12.
‘Working Day’ means any day except Saturdays, Sundays and bank and public holidays.
‘We’ and ‘Us’ and related expressions mean Fired Earth as detailed above.
‘You’ and ‘Your’ and related expressions means the person to whom the order is addressed.
‘Consumer’ means any person who, in buying goods is acting for purposes that are outside their business.
‘Special orders’ means any goods which are made to your specification, non-stocked items which are ordered specifically for your order, or items which are clearly personalised.
2. Basis of Contract
2.1 These terms, the order, are considered by us to set out the whole agreement between you and us for the sale of the goods. Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract. Please ensure you read and understand these terms before confirming the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.4.
2.2 If any terms are inconsistent with the terms of the order, the order shall prevail.
2.3 The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 These terms shall be binding upon you and us when we notify you with a written acceptance of an order (whether in hard copy or electronic form), at which point a contract shall come into existence between us.
2.5 We have the right to revise and amend these terms from time to time to reflect change in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of any systems operated by us. You will be subject to the policies and terms in force at the time that a binding contract comes into existence in accordance with clause 2.4; unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. Cancellation/Cooling Off and Order Amendments
3.1 Paint orders are automatically placed with our paint supplier immediately after the order is confirmed. We are therefore unable to cancel or amend paint orders once confirmed and the paint will be delivered to you. This does not affect your right to return your order if you change your mind. Please refer to section 11 for details of how to return products that have been delivered.
3.2 With the exception of ‘special’ orders, you may amend your order with us at any time before the packing date. Please contact the store where you placed your order for assistance. Order amendments notified to us after the scheduling date may delay the previously agreed delivery date and time. We will endeavour to amend your order in time for despatch as previously agreed; however should there be insufficient time we will make contact with you to re-arrange a later delivery date.
3.3 With the exception of ‘special’ orders or paint orders detailed in 3.1, you may cancel your order with us at any time between the date we accept your order and 10 working days after the goods were received by you. Please see our returns policy in section 11. Please contact the showroom where you placed your order for assistance. If you cancel your order, you shall have no further claim against us under that contract.
3.4 If you exercise your rights to cancel or amend your order, any refunds due will be refunded within 14 days of receipt of goods.
4. The Goods
4.1 We warrant that on delivery the goods shall:
4.1.1 comply in all material respects with their description on the order;
4.1.2 be of satisfactory quality;
4.1.3 be fit for purpose we say the goods are fit for or for any reasonable purpose for which you use the goods;
4.1.4 be free from any material defects in design, material or workmanship; and
4.1.5 comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.
4.2 The warranties set out in this clause 4 are in addition to your legal rights in relation to goods which are faulty or which do not otherwise conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
4.3 This warranty does not apply to any defect in the goods arising from:
4.3.1 fair wear and tear, wilful damage, accident or negligence by you or any third party;
4.3.2 use of the goods in a way that we do not recommend;
4.3.3 your failure to follow instruction (including instructions about use, cleaning and servicing of the goods) which we have provided to you; or
4.3.4 any alteration or repair you carry out without prior written approval.
5. Price and Payment
5.1 The price of goods shall be the price in force at the time you confirm your order. We reserve the right to update our price list from time to time without providing specific notice to you.
5.2 Estimates for goods are given on the basis that a binding contract shall only come into existence in accordance with clause 2.4. The estimate is valid for 30 days from date of issue (unless otherwise stated); unless we notify you that we have withdrawn it during this period.
5.3 The price includes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
5.4 The price or goods excludes delivery (unless otherwise stated). The cost of delivery shall be as specified in the order.
5.5 Payment of all goods must be made in advance by cash, BACS payment, credit or debit cards. We accept payment with Visa, Maestro and Mastercard payment cards.
6.1 The goods will be delivered to your delivery address specified on the order.
6.2 Delivery of the order shall be complete when we deliver the goods to you.
6.3 If we are not able to deliver the whole of the order at one time for any reason including operational reasons or shortage of stock, we will deliver the order in installments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in installments, we may charge you extra delivery costs. Each installment shall constitute a separate contract. If we are late delivering an installment or one installment is faulty, that will not entitle you to cancel any other instalment.
6.4 We will take reasonable steps to meet the delivery estimate set out on the order (or as otherwise agreed between us in writing). However, occasionally delivery may be affected by factors which we do not control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery with you. We shall have no liability for late delivery except where time has been made the essence of the contract and agreed by both parties in writing at the time of ordering.
6.5 Please advise us if access to the delivery address will be difficult for an 8ft 6in wide, 30ft long high-sided vehicle. Should any doubt exist, please contact Home Deliveries on 01295 814313 to make alternative arrangements.
6.6 Wherever possible, deliveries will be made using our own fleet of vehicles with a two man crew, but this is not guaranteed. Heavy goods deliveries may require your assistance to offload. Offers to assist the delivery are made at your own risk and should only be attempted if you are comfortable lifting the load. In the event you are unable to assist and the delivery is to heavy for the driver to safely deliver on their own, we will discuss with you and will either re-arrange the delivery for a later date where more assistance is available, or the delivery will be made to the nearest point of access that can be achieved by the driver. Our delivery team will unpack and assemble any furniture items which are sold as one but are delivered as separate pieces: please note this excludes the installation of worktops on kitchen and bathroom furniture. Where a carrier service is required i.e. overseas deliveries, small parcels or express deliveries, we will use a carefully selected carrier service for your order. The service standard for these carrier service orders is delivery to the nearest access point to the delivery address. If help is and assistance is needed to put the goods inside your property, we recommend contacting Home Deliveries for advice on 01295 814313.
6.7 We may decline to deliver the goods if:
6.7.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
6.7.2 the premises (or access to them) are unsuitable for the delivery vehicles we use.
6.8 If you fail to take delivery of the order, then, except where this failure is caused by a failure by us to comply with these Terms:
6.8.1 we will store the goods until delivery takes place and may charge you a reasonable sum to cover expenses; and
6.8.2 we shall have no liability for late delivery.
6.9 Once received, please check all goods within 10 working days. We reserve the right to refuse claims for damaged or missing goods made after this time unless a longer period of time has been previously agreed in writing.
6.10 We strongly advise you to arrange delivery at least 10 working days in advance of any installation work to allow sufficient time to check your order and to allow any natural materials to acclimatise; or to rectify any incorrect, delayed, damaged or postponed deliveries (for whatever reason). This will allow sufficient time to postpone your installation if necessary; we cannot accept responsibility for lost working time in any eventuality.
6.11 Order Collection from Stores: Small orders up to maximum of 50kg in weight can be delivered to your local showroom for collection. Please collect your goods within five working days. Due to storage limitations in our showrooms we are unable to store your purchases for extended periods. Any orders left in store for longer than 5 working days will be returned to the warehouse, in this event they can be re-delivered using a carrier service at the rates advertised.
7.1 We have free downloadable installation guides available from our website. If you do not have access to our website, please ask the showroom team for a copy. Installations should only be carried out once the relevant guide has been read and understood by the installer.
7.2 Installation constitutes acceptance of the product.
7.3 Fired Earth offer a number of design services; for terms and conditions governing these services please contact our Design Service team on 01295 812088.
8. Risk and Title
8.1 Ownership of the goods will only pass to you when we receive payment in full of all sums due for the goods, including delivery charges.
8.2 Whilst ownership of the goods passes to you once full payment is made, the goods will be fully insured by us whilst in our storage awaiting delivery. Our insurance cover will cease on delivery of order in accordance with Clause 6.2.
9. Warranties & Limitations of Liability
9.1 We warrant that, on delivery, all goods shall comply and conform in all material respects with their descriptions on our website and any information, specifications and guidance which is set out on our website.
9.2 Subject to clause 9.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are an obvious result of the failure to comply with these Terms, or which both you and us knew might occur as a result of a failure to comply at the time at which you purchased the Goods.
9.3 Neither you or we shall be responsible for the following foreseeable losses:
9.3.1 Business losses, which includes loss of business, business interruption, loss of profits or loss of revenue or income.
9.3.2 Loss of any savings which you or we were expecting to make;
9.3.4 Loss of data; or
9.3.5 Any waste of time.
However, this Clause 9.3 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
9.4 Neither of us will exclude or limit in any way our own liability for:
9.4.1 death or personal injury caused by our negligence; or
9.4.2 fraud or fraudulent misrepresentation; or
9.4.3 any breach of the obligations implied by section 17 of the Consumer Rights Act 2015; or
9.4.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
9.4.5 any other matter for which it would be illegal or unlawful for either you or us to exclude or attempt to exclude our own liability. You may obtain information about your legal rights by contacting your local Citizen’s Advice Bureau.
10. Waiver and Variations
If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver or variation of these Terms shall be effective unless we expressly state that it is a waiver and we tell you so in writing.
11. Return of Goods (excluding special order items)
11.1 The following items returned in good condition to a Fired Earth showroom within 28 days of purchase will be refunded in full with proof of purchase: tile samples, wood samples, unopened tins of paint and bathroom or home accessories.
11.2 Should you wish to return an order following delivery you may do so by informing us within 10 working days of receipt of delivery. Goods must be returned to us and we ask that you take reasonable care when handling the goods and return the goods to us unopened, unused and in their original packaging, where possible.
11.2.1 Please confirm your intent to return the order by calling Customer Services on 01295 814396 within 10 working days of receipt; we will confirm to you a returns address and reference for your package.
11.2.2 The cost of returning the goods once delivered is at your own cost and risk;
11.2.3 We are not responsible for any loss or damage to any returned goods in transit and as such, we recommend that you return the goods through a recorded delivery service.
11.2.4 When returning goods please carefully package the goods together with your returns reference. A returns form can be downloaded here
11.2.5 If returned goods are lost or damaged in transit, we reserve the right to charge you for any loss or damage.
11.2.6 Where we have agreed to the return of goods, these goods must be returned within 14 days of the notice of intent.
11.3 In the unlikely event that the goods do not conform to these Terms, please let us know as soon as possible by contacting Customer Services on 01295 814396.
11.4 We will, at our option:
11.4.1 inspect the goods at your premises;
11.4.2 collect the goods on a date agreed between you and us; or
11.4.3 ask you to return the goods to us.
11.5 If the goods are found by us to be defective, and we have asked you to return the goods to us at your cost we will reimburse you for third party delivery costs involved in the return.
11.6 If you exercise your right to return your order, any refunds due will be refunded within 14 days of receipt of goods.
12. Unexpected Event
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an ‘Unexpected Event’).
12.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
12.3 The obligations we have under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the obligations we have under these Terms can be performed despite the Unexpected Event.
13. Trade Customers
These terms and conditions only apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please refer to our trade terms and conditions stated on our trade website firedearth.com/trade. Please contact your nearest showroom for more information.
14.1 English Law is applicable to any contract made under these Terms. The English and Welsh courts have nonexclusive jurisdiction.
14.2 If any of these Terms are unenforceable as drafted:
14.2.1 it will not affect the enforceability of any other of these Terms; and
14.2.2 if it would be enforceable if amended, it will be treated as so amended.
14.3 All notices sent by you to us must be sent to Fired Earth Ltd at the registered offices above. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served twenty four (24) hours after an e-mail is sent or two (2) Working Days after the date of posting of any letter.
14.4 Except as explicitly set out in these Terms, no contract will create any right enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person not a party to it.
15. SHOWROOM LEAFLET - 20% off the customer's first order Terms and Conditions
The offer gives 20% off the customer’s first order. This applies to all full-priced Fired Earth tiles, paint, wallpaper, bathrooms, kitchens, vinyl and wood flooring products. The offer excludes installation, delivery and the following from the kitchen collections: worktops, appliances, sinks, taps and lighting. It includes fixing and maintenance products. Valid from Monday 3rd August 2015. The offer is not available online. Photocopies of leaflets will not be accepted. One leaflet per household. Offer cannot be used in conjunction with any other offer or promotion. The leaflet must be presented to the showroom at the time of placing the order at one of the following showrooms; Ascot, Barnes, Bath, Beaconsfield, Chester, Dun Laoghaire, Hatch End, Hewitts Farm, Leamington Spa, Loughton, Manchester, Marlow, Norwich, Portman Square, Richmond, Solihull, St Albans, Sycamore Farm, Tunbridge Wells and Winchester. Offer is only valid at the showroom stated on the leaflet.
16. Autumn Sale 2016 - Terms and Conditions
Offer cannot be applied to any existing orders that have already been placed prior to this promotion starting. Not valid in conjunction with any other offer. Fired Earth reserves the right to withdraw the offer at any time without notice. Freestanding Kitchen offer: 15% discount off Bastide, Vermont & Moderne. Includes: Cabinets, handles, sinks, taps, worktops and furniture (butchers blocks, tables and chairs etc). Excludes: Installation, appliances and lighting. Fitted Kitchen offer: 15% discount off Bastide, Vermont & Moderne. Includes: Cabinets, handles and furniture (butchers blocks, tables and chairs etc). Excludes: Installation, worktops, appliances, sinks, taps and lighting. Kitchen offer is available through Fired Earth showrooms.
Updated 2nd September 2016