Fired Earth

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Consumer Terms and Conditions of Sale

TRADING NAME:

All orders are placed with Fired Earth which is a business name of Fired Earth Limited, part of the Aga Rangemaster Group.  Registered in England No. 1733704. VAT registration No. GB 100 5835 13.  Registered Office: Aga Rangemaster Group, Juno Drive, Leamington Spa, Warwickshire.  CV31 3RG

These terms and conditions will apply to all sales of products made by Fired Earth to our customers.

1. Definitions

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).

2.6 To be eligible to purchase products you must be over 18 years of age; registered by providing your name, phone number, email address, payment details and other requested information including a valid UK delivery address; and possess a valid credit or debit card issued by a bank acceptable to us. 

3. Cancellation/Cooling Off and Order Amendments

3.1 Paint orders are automatically placed with our paint supplier immediately after the order is confirmed online.  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 Online Sales on 0113 244 8404 or email onlinesales@firedearth.com.  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 Online Sales on 0113 244 8404 or email onlinesales@firedearth.com. If you cancel your order, you shall have no further claim against us under that contract.

3.4 If you exercise your right 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 confirm 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 The price includes VAT (unless otherwise stated).  VAT will be charged at the rate applying at the time of delivery.

5.3 The price or goods excludes delivery (unless otherwise stated).  The cost of delivery shall be as specified in the order.

5.4 Payment of all goods must be made in advance.  We accept payment with Visa, Maestro and Mastercard payment cards. 

6. Delivery

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 installment.

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 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.

7. Installation

7.1 We have free downloadable installation guides available from our website.  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. 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. Limitations of Liability

9.1 Subject to clause 8.2, 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 a foreseeable consequence of the failure to comply with these Terms.

9.2 Neither you or we shall be responsible for losses that result from our own failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

9.2.1 loss of income or revenue;

9.2.2 loss of business;

9.2.3 loss of anticipated savings;

9.2.4 loss of data; or

9.2.5 any waste of time.

However this clause 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

9.3 Neither of us will exclude or limit in any way our liability for:

9.3.1 death or personal injury caused by our negligence; or

9.3.2 fraud or fraudulent misrepresentation; or

9.3.3 any breach of the obligations implied under section 12 of the Sale of Goods Act 1979; or

9.3.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

9.3.5 any other matter for which it would be illegal or unlawful for either you or us to exclude to attempt to exclude our liability.

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 Should you wish to return your 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.

11.1.1 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.

11.1.2 The cost of returning the goods once delivered is at your own cost and risk;

11.1.3 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.

11.1.4 When returning goods please carefully package the goods together with your returns reference. A returns form can be downloaded here

11.1.5 If returned goods are lost or damaged in transit, we reserve the right to charge you for any loss or damage.

11.1.6 Where we have agreed to the return of goods, these goods must be returned within 14 days of the notice of intent.

11.2 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.

11.3 We will, at our option:

11.3.1 inspect the goods at your premises;

11.3.2 collect the goods on a date agreed between you and us; or

11.3.3 ask you to return the goods to us.

11.4 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.

11.5 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. General

14.1 English Law is applicable to any contract made under these Terms.  The English and Welsh courts have non- exclusive 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. Use of our website

15.1 We may change anything on our website at any time, at our discretion.

15.2 We have no responsibility for the content of any websites other than our own even if our site links to the other website.

15.3 We retain all rights to our website design and all images on it.  We have copyright and other rights to the design, appearance and content of it.  You may view and print the website only as a consumer or potential consumer from us.  You may not publish, reproduce, distribute or broadcast in any format any material found within this site. 

15.4 We may restrict or suspend our website (typically for repairs, introduction of services or general maintenance) and where possible we will post warnings on the site first.  We will try to do this no more than is necessary, and keep the time of disruption minimal.

16. Data Protection

16.1 Fired Earth and the AGA Rangemaster Group of companies are committed to protecting your privacy and fulfilling its obligations under UK Data Protection Laws.

16.2 Fired Earth will use your personal information in order to inform you of its offers, news and new catalogues and for profiling your purchasing preferences and other marketing purposes. We may disclose your information to our service providers and agents for these purposes. We may keep your information for a reasonable period to contact you about our services in the future.

16.3 Fired Earth may share your information with other Companies in our group and organisations who are our business partners. We or they may contact you by mail, telephone, SMS fax or email to let you know about any goods, services or promotions which may be of interest to you.

16.4 The Data Protection Act puts obligations on users of personal information and details principles for its use. There are eight principles in the Act that Fired Earth is obliged to conform to. The Act requires Companies which process data to notify the Information Commissioner describing the purposes for which they process personal information. The details are publicly available from the Commissioner’s Office at:
Wyecliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF  Tel: +44 (0) 1625 545745

16.5 The principles for Data Processing are:- 

  • Personal data must be processed fairly and lawfully.
  • Personal data must be obtained only for specified and lawful purposes.
  • Personal data must be adequate, relevant and not excessive.
  • Personal data must be accurate and kept up to date.
  • Personal data must not be kept for longer than necessary.
  • Personal data must be processed in accordance with the rights of data subjects.
  • Measures against unauthorised or unlawfully processing of personal data.
  • Personal data must not be transferred to a Country or territory outside the EEA without adequate protection or explicit consent.

16.6 The following sets out our policy regarding the personal information we collect about you:

Introduction  - This policy covers the use of personal information Fired Earth collects when you use http://www.firedearth.com  The policy also gives you information about cookies; about Fired Earth itself and third parties' use of cookies; and how you may reject such cookies. From time to time, you will be asked to submit personal information about yourself (e.g. your name and email address) in order to receive information from us or use the full range of services on this site. Such services include newsletters, competitions and registration.

By entering your details in the fields requested, you enable Fired Earth and its service providers to provide you with the services you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. When using your personal information Fired Earth will act in accordance with current legislation and aim to meet current internet best practice.

Visitor Information - During the course of any visit to this site, the pages you see, along with a short text file called a 'cookie', are downloaded to your computer. Many websites do this, because cookies enable website publishers to do useful things like find out whether the computer (and probably its user) has visited the website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit. Information supplied by cookies can help us provide you with a better online user experience and to analyse the profile of our visitors.

What is a cookie? -A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's computer and stored on your computer's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track online traffic flows. Cookies record information about your online preferences. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, of course, means that certain personalised services cannot then be provided to that user and accordingly you may not be able to take full advantage of all of the site’s features. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. If you have set your computer to reject cookies you can still browse AGA.com anonymously until such time as you wish to register for the full range of services.

Use and storage of your personal information - When you supply any personal information to this site (e.g. for competitions or registration) we have legal obligations towards you in the way we use this data. We must collect the information fairly, that is, we must explain how we will use it (see the notices on particular web pages that let you know why we are requesting the information) and tell you if we want to pass the information on to anyone else. In general, any information you provide to us will only be used within Fired Earth and AGA Rangemaster Group (ARG) and by its agents and service providers. Your information will be disclosed where we are obliged or permitted by law. Also, if you post or send offensive, inappropriate or objectionable content anywhere on or to this site or otherwise engage in any disruptive behaviour, we can use whatever information that is available to us about you to stop such behaviour. We will hold your personal information on our systems for as long as you use the service you have requested, and remove it in the event that the purpose has been met, or, in the case of registration with Fired Earth.com, you no longer wish to continue your registration. Where personal information is held for people who are not yet registered but have taken part in other services (e.g. competitions), that information will be held as long as is necessary to ensure that the service is run smoothly. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998. If you are notified on an ARG site that your information may be used to allow Fired Earth to contact you for "service administration purposes", this means that Fired Earth or ARG may contact you for a number of purposes related to the service you have signed up for. For example, we may wish to provide you with password reminders or notify you that the particular service has been suspended for maintenance. We will not contact you for promotional purposes, such as notifying you of improvements to the service or new services unless you specifically agree to be contacted for such purposes at the time you submit your information on the site, or at a later time if you sign up specifically to receive such promotional information.

Access to your personal information - You have the right to request a copy of the personal information Fired Earth and ARG hold about you and to have any inaccuracies corrected. Please address requests to:

Fired Earth Ltd
Juno Drive
Leamington Spa
Warwickshire
CV31 3RG

Users 16 and under - If you are aged 16 or under, please get your parent/guardian's permission beforehand whenever you provide personal information to this site. Users without this consent are not allowed to provide us with personal information.

 

Updated 10th June 2014