‘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 Saturday, Sunday and bank or public holidays
‘We’ and ‘Us’ and related expressions means 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
‘Special Orders’ means any goods which are made to your specification, are ordered specifically for
your order, or items which are clearly personalised
‘Scheduled Day’ means the day on which orders are scheduled for delivery. This is normally within
48 hours prior to the delivery date for the order.
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. Cancellations 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’ you can amend your 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 or call 0345 5652032
3.3 With the exception of ‘special orders’ and paint, 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 your nearest showroom or by calling 0345 5652032. Collection of goods is chargeable at the same delivery rates based on the weight of the order. Please refer to our website for current delivery charges by weight.
3.4 Orders for ‘special order’ items are non-returnable unless they are damaged on delivery or are faulty.
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 you within 14 days of the day we receive the goods within 14 days of proof the goods have been returned. Goods will be reimbursed using the same payment method used to place the order. For your security, our finance team will require verbal confirmation of original payment method, card or bank details, in order to process any refunds.
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 the showroom where you placed your order or call 0345 5652032. 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 installation, 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.
4.2 You should be aware that certain goods require a level of treating and aftercare. Some may easily be scratched and/or be subject to natural pitting/chipping. Entering into the agreement is acceptance of the above.
5. Description and samples
5.1 All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
5.2 You acknowledge that the Goods are in some cases natural and will display variation in terms of colour, markings, texture, size between tiles and batches, all beyond our control. We advise you to view as much of the Goods as possible before entering into this Agreement.
5.3 We strongly advise that correct quantities are ordered for your project, inclusive of up to 10% for cutting and wastage. We will not be held liable for subsequent ‘top up’ orders where batches may vary to that of the initial order.
6. Price and Payment
6.1 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.
6.2 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.
6.3 The price includes VAT; VAT will be charged at the rate applying at the time of delivery.
6.4 The price of goods excludes delivery. The cost of delivery shall be as specified on the order.
6.5 Payment of all goods must be made in advance by BACS Payment, Credit or Debit card. We accept payment with Visa, MasterCard and Maestro payment cards.
7.1 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.
7.2 We will take reasonable steps to meet the delivery estimate set out on the order (or as otherwise agreed between us in writing)
7.3 Delivery of the order shall be complete when we deliver the goods to you.
7.4 Any indication given by us as to the date for delivery of goods, is given as an estimate only. No liability whatsoever is accepted by us in respect of late deliveries. We often use an independent delivery company for which we are not responsible so we cannot guarantee delivery time. Please do not commence any installation work, book plumbers or other tradespersons until the Goods have been received and thoroughly checked for damage or discrepancies, in line with clause 9.2
7.5 Goods are subject to availability. If an item ordered is out of stock, you will be notified and given an opportunity to change or cancel your order. If you choose to wait for stock, having been made aware of the delay, we will estimate an approximate delivery date for you. Delay in delivery of goods is beyond our control because delivery of goods is dependent on suppliers, carriers and/or logistics. Buyers are advised to only commit to an installation schedule once the Goods have been received and checked. We shall not be liable for any costs or other losses incurred by you, your agents or any other third party due to an installation schedule committed to by you prior to the Goods being received and checked. We shall have no liability whatsoever for any failure to perform, or any delay in the performance of any of our obligations under the Contract arising wholly or in part by reason of any factor beyond our direct control.
7.6 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.
7.7 Deliveries will be made by specially selected third-party carriers. Deliveries will be made to the nearest access point to your property at the discretion of the driver, which maybe kerbside. Please notify us of any access restrictions that may affect delivery. It is your obligation to ensure a responsible person is at the property at the time of delivery to supervise the offload and sign for the delivery.
7.8 Large or difficult to handle items, e.g. a bath, may require a two man team for delivery which may incur additional charges. These charges will be notified to you at the point of order or by our delivery team. You will have the right to cancel your order if you do not wish to accept the increased charges.
7.9 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.
7.10 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, where delivery restrictions have not been notified or when a responsible adult has not been available to sign for the delivery
7.10.1 If you fail an arranged delivery, we reserve the right to pass on additional delivery charges for the new delivery.
7.11 we shall have no liability for late delivery.
8. Risk and Title
8.1 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.
8.2 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.
9.1 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.
9.2 Installation constitutes acceptance of the product.
9.3 Fired Earth offer a Design Service, for terms and conditions governing these services please contact your nearest showroom.
9.4 Fired Earth Ltd do not recommend any third-party installers. It is your responsibility to ensure your chosen tradesperson is suitably qualified to install your goods.
10. Damaged, Missing or Faulty Goods
10.1 Once received, please check the Goods within 14 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.
10.2 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.
11. Return of Goods
11.1 The following items ordered in store or online, returned in perfect condition with proof of purchase to a showroom within 30 days of purchase will be refunded in full: tile samples, wood samples, unopened tins of paint and unopened ancillary products.
11.2 If you wish to return your complete order following delivery you may do so by informing us within 14 days of receipt of delivery by completing the Returns form available online <https://www.firedearth.com/returns-refunds> or by calling or emailing your nearest showroom who can complete it with you. We ask that you take reasonable care when handling the goods and return the goods unopened, unused and within the 30 days of the initial delivery.
11.2.1 Where possible the goods should be returned in their original packaging.
11.3 We are unable to accept part order refunds and we do not accept returns of excess tiles.
11.4 After completing the returns form (11.2) to arrange a return, please contact your showroom.
They will advise if they are able to take the goods into the showroom (space/weight permitting) or whether a collection from your premises will need to be arranged. Unfortunately, even if it is agreed that an order can be returned to a showroom then the maximum weight must be less than 50kg.
11.5 Returning goods to us is at your own cost and risk.
11.5.1 With the exception of an approved Fired Earth collection, we are not responsible for any loss or damage to any returned in transit and as such we recommend that you return the goods through a recorded delivery service.
11.5.2 If returned goods are received damaged in part or in full, we reserve the right to deduct the value of the damaged goods from your final refund.
11.5.3 We reserve the right to ask for photographs as evidence of damage.
11.6 Goods accepted for return at our discretion outside the 30 days in perfect condition will be refunded but will incur a 25% re-stocking charge.
12. Limitations of Liability
12.1 We warrant that on delivery, all goods shall comply and conform in all material respects with their descriptions and any information, specifications and guidance.
12.2 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.
12.3 Neither you nor Fired Earth shall be responsible for unforeseeable losses.
12.4 Neither of us will exclude or limit in any way our liability for:
12.4.1 death or personal injury caused by our negligence; or
11.4.2 fraud or fraudulent misrepresentation; or
12.4.3 any breach of the obligations under the Consumer Rights Act 2015; or
12.4.4 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.
13. Waivers and Variations
13.1 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.
14. Force Majeure
14.1 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’).
14.2 An unexpected event includes Act of God, Governmental actions, pandemic, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood epidemic, extreme weather conditions, lockouts, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
14.3 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.’
15.1 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.
15.2 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.
16. Disclosure of customer information
16.1 When you place an order on our website and accept these terms and conditions, you will be confirming that, under GDPR rules, you are allowing us to share your data with authorised third party service providers that are used specifically for the processing of your order. These may include payment providers to facilitate purchases and fulfilment providers to facilitate order management, packaging and delivery. We do not disclose your personal information to third parties for their direct marketing purposes.
17. Use of our Website
17.1 Access to and use of our website is entirely at your own risk. The website is provided to you for your personal use subject to these terms and conditions. By using the Website, you agree to be bound by these terms and conditions which we may update and revise from time to time subject to any such changes being notified to you when you log on to and access the Website.
17.2 We take all reasonable steps to ensure that the website is available 24 hours a day 365 days per year. However, from time to time, we may encounter downtime due to technical issues. We will not be liable if the website is unavailable at any time.
17.3 You are permitted to use our website for your own purposes and to print and download material from this website provided you do not modify any content without our consent. Material on this website must not be republished online or off-line without our permission.
18. Intellectual Property
18.1 The content of our website is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the Website on a screen, store such content in electronic form on disk but not on a server or network storage device, or print one copy for your own personal use provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, or use for commercial purposes any of the materials or content of the Website without prior written permission from the Company
19. Restrictions and Indemnity
19.1 You may not use our website for any of the following purposes:
19.1.1 Disseminating any unlawful, harassing, libellous, abusive, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any legal duty, or
19.1.2 Transmitting materials which encourage conduct which constitutes a criminal offence or otherwise breaches any applicable legal duty or
19.1.3 Interfering with any other person's use or enjoyment of the Website, or
19.1.4 Making, transmitting all storing electronic copies of materials protected by copyright or any other applicable intellectual property rights without our written permission, or
19.1.5 Making commercial or non-domestic use of the Goods or Services supplied
20.1 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.
20.2 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.
20.3 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.