online consumer terms & conditions of sale
All orders are placed with Fired Earth which is a business name of Fired Earth Limited, registered in England no. 1733704. VAT registration number GB 100 5835 13. Registered office: Juno Drive, Leamington Spa, Warwickshire, CV31 3RG.
These terms and conditions will apply to all sales of products made by Fired Earth to our consumers, if you wish to trade with us in the course of your business, please refer to our trade terms and conditions on our trade website firedearth.com/trade.
‘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 13.
‘Working Day’ means any day except Saturdays, Sundays and bank or public holidays.
‘We’ and ‘Us’ and related expressions mean Fired Earth.
‘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, are ordered specifically for your order, or items which are clearly personalised.
2. Basis of Contract
2.1 These terms set out the whole agreement between you and us for the sale of goods. Please read and understand these terms and check that you agree to these terms and your order is complete and accurate before you commit yourself to the contract. You will be bound by these terms once a contract comes into existence between us in accordance with Clause 2.4.
2.2 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.
2.3 We will send you confirmation of your order in writing (either as a hard copy or via email) but this will not constitute acceptance of your order. Our acceptance of the order occurs when the products are despatched from our warehouse to you or you collect the order. In the case of ‘special orders’ as defined above, acceptance occurs at the time we place an order with our supplier.
2.4 Prices and delivery charges are those that are in force at the time you submit your order. If the prices or charges are different to those published, this will be brought to your attention before we accept your order, giving you the option to cancel should you wish.
2.5 We have the right to revise and amend these terms from time to time to reflect changes 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 and Amendments
3.1 Paint orders are automatically placed with our paint supplier immediately after the order is confirmed and we may not be able to amend or cancel the order in time before despatch. This does not affect your right to return the product detailed in clause 10. If we are notified of your wish to cancel prior to delivery, we will refund the product and delivery charges in this instance.
3.2 With the exception of ‘special orders’ and paint orders, you can amend you order at any time up to the close of business on the day prior to the scheduling day. Please contact the showroom where you placed your order for assistance. For online orders please contact our Online Sales on 0113 244 8404 or email email@example.com.
3.3 With the exception of ‘special orders’ you can cancel your order at any time between the date we accept your order and 14 days starting the day after the day on which the goods come into your physical possession or that of the person that you ask us to deliver the goods to. If you exercise your right to cancel you order, you shall have no further claim against us under that contract.
To cancel please contact us immediately at firstname.lastname@example.org, +44 (0)1295 814396 or alternatively via your nearest showroom. Collection of goods is chargeable at the same delivery rates based on the weight of the order. Please refer to our website here for current delivery charges by weight.
3.4 Orders for special order items placed in store are non-returnable unless they are damaged on delivery or are faulty and not fit for purpose.Under distance selling regulations, online orders for products containing ‘special order’ items can be returned for a refund. Please see clause 10 for details.
3.5 Following cancellation, if goods have not been despatched we will reimburse you within 14 days. If you are in receipt of the goods we will reimburse within 14 days of the day we receive the goods back; or within 14 days of proof the goods have been returned. Goods will be reimbursed using the same payment method used to place the order.
4. The Goods
4.1 The goods on delivery should be as described, fit for purpose and of satisfactory quality. If this is not the case, goods will be refunded or replaced, please contact us immediately at email@example.com, +44 (0)1295 814 396 or alternatively via your nearest showroom. This term does not apply to any defect in the goods arising from:
4.1.1 fair wear and tear, wilful damage, accident or negligence by your or any third party; or
4.1.2 use of the goods in a way that we do not recommend; or
4.1.3 your failure to follow instruction (including instructions about use, cleaning and servicing of the goods) which we have provided to you; or
4.1.4 any alterations 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 valid from the date of issue for 30 days unless we notify you we have withdrawn the offer during this period, and are given on the basis that a binding contract shall only come into existence in accordance with clause 2.4.
5.3 The price includes VAT; VAT will be charged at the rate applying at the time of delivery.
5.4 The price of goods excludes delivery. The cost of delivery shall be as specified on the order.
5.5 Payment of all goods must be made in advance by cash, BACS Payment, Credit or Debit card. We accept payment with Visa, MasterCard and Maestro payment cards.
6.1 The goods will be delivered to the delivery address specified on the order; please check the delivery address if this is not your account address. We reserve the right to decline a delivery to an address other than the account address, where we have not previously traded with you.
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 instalments at no additional charge. If you ask us to deliver the order in instalments, we will charge you the published delivery charge of each consignment.
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) and this should be no later than 30 days from the date of your order if all items are in stock. If an item ordered is out of stock, you will be notified and given an opportunity to change or cancel your order. If you chose to wait for stock having been made aware of the delay, we will estimate an approximate delivery date however occasionally delivery may be affected by factors outside our control and so cannot be guaranteed.
6.5 Deliveries will be made by our own fleet of vehicles, or specially selected third party carriers. Deliveries will be made onto your property, or into the property where the goods cannot be stored externally. Where an express carrier service has been ordered, delivery will be made to the nearest access point to the delivery address. Please notify us of any access restrictions that may affect delivery.
6.6 We may decline to deliver the goods if we believe it would be unsafe, unlawful or unreasonably difficult to do so, or the premises (or access to them) are unsuitable for the delivery vehicles we use.
6.7 Small orders up to 50kg in weight can be delivered to selected showrooms for collection. Please collect your goods within 5 working days. Due to storage limitations orders not collected within this timeframe will be returned to our warehouse. In this event the order can be re-delivered using a carrier service at the rates advertised.
6.8 Orders must be delivered within 6 weeks of goods being in stock, following which a £25 per week charge will be levied.
6.9 A failed delivery is classed as any order where we have not received notification of your wish to postpone delivery within 48 hours of the suggested delivery date on your order. If you fail to take delivery of the order as arranged, then except where this failure is caused by a failure by us to comply with these terms:
6.9.1 we will store the goods until delivery takes place at a charge of £25 per week to cover handling and storage charges;
6.9.2 we shall have no liability for late delivery.
7. Risk and Title
7.1 The goods will be your responsibility from the time they are in your physical possession, or the possession of the person you asked us to deliver to, or at the time of delivery if you ask us to leave the goods in a safe place at your risk.
7.2 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.
8.1 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. Installation should only be carried out once the relevant guide has been read and understood by the installer.
8.2 Installation constitutes acceptance of the product.
8.3 Fired Earth offer a Design Service, for terms and conditions governing these services please contact your nearest showroom.
8.4 Fired Earth Ltd do not recommend any third party installers; we operate a list of known installers across the UK who have experience installing our products. This list is not a recommendation of a fitter or their suitability for your chosen project, and it is strongly recommended that you obtain references from your chosen fitter to assist you with your decision.
9. Damaged, Missing or Faulty Goods
9.1 Once received, please check all goods within 30 days of delivery. 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.
9.2 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.
10. Return of Goods
10.1 The following items ordered in store or online returned in perfect condition to a showroom within 60 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.
10.2 If you wish to return your order following delivery you may do so by informing us within 60 days of receipt of delivery by calling your showroom. We ask that you take reasonable care when handling the goods and return the goods unopened and unused.
10.3 Goods should be returned in their original packaging where possible.
10.4 Where we have sold goods as full boxes, only full unopened boxes can be returned.
10.5 Goods should be returned to us at the address provided, and the cost of returning goods once delivered is at your own cost and risk:
10.5.1 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;
10.5.2 if returned goods are received damaged, we reserve the right to charge you for any damage.
10.6 Goods accepted for return at our discretion outside the 60 days in perfect condition will be refunded but will incur a 25% re-stocking charge.
10.7 Where we have agreed to the return of goods, these goods must be returned within 14 days of the notice of intent.
11. Limitations of Liability
11.1 We warrant that on delivery all goods shall comply and conform in all material respects with their descriptions and any information, specifications and guidance.
11.2 Subject to clause 11.3, 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 at the time at which you purchased the goods.
11.3 Neither you or we shall be responsible for unforeseeable losses.
11.4 Neither of us will exclude or limit in any way our liability for:
11.4.1 death or personal injury caused by our negligence; or
11.4.2 fraud or fraudulent misrepresentation; or
11.4.3 any breach of the obligations under the Consumer Rights Act 2015; or
11.4.4 any other matter for which it would be illegal or unlawful for either you or us to exclude or attempt to exclude our liability. You can obtain information regarding your legal rights by contacting your local Citizens Advice Bureau.
12. Waivers and Variations
12.1 No waiver or variation of these terms shall be effective unless we expressly state that we agree a waiver and we tell you so in writing. If you default on these terms, that will not mean that we will automatically waive any subsequent default by you.
13. Unexpected Event
13.1 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’).
13.2 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.
13.3 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 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.’
14.1 These terms and conditions are applicable to consumers only, if you wish to trade with us in the course of your business, please refer to our trade terms published on our website.
14.2 If time is the essence of the contract, this must be agreed in writing by both parties at the time of ordering and will only be applicable for the order referenced in the agreement.
15.1 English Law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction. If any of these terms are unenforceable as drafted, it will not affect the enforceability of any other of these terms, and if it would be enforceable if amended, it will be treated as so amended.
15.2 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 email is sent or two (2) working days after the date of posting of any letter.
15.3 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.
16. Winter 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 19th December 2016