Terms and Conditions

ONLINE ORDERING TERMS AND CONDITIONS

TRADING NAME
All Orders are placed with Fired Earth, which is a business name of AGA Rangemaster Limited, registered in England No 3872754 VAT Registration No GB 100 5835 13 Registered office: AGA Rangemaster Limited, Juno Drive, Leamington Spa, Warwickshire, CV31 3RG ("Company", "We" or "Us").
 
APPLICATION OF THESE TERMS AND CONDITIONS
These Terms and Conditions (‘Terms’) will apply to all sales of Products made by Fired Earth (‘us’ or ‘we’) to our customers (‘you’).

The following Terms and Conditions apply to and are incorporated into all transactions and shall prevail over any other terms and conditions which You seek to impose via any communications between You and Us.

All orders are made subject to your acceptance of these Terms and Conditions and Your acceptance of delivery of any Order constitutes unqualified acceptance of these Terms and Conditions.

Please read them carefully before placing Your Order as Your Order will be accepted strictly on the understanding that You accept these conditions of sale. Nothing in these Terms and Conditions shall affect Your statutory rights.

DEFINITIONS
Certain words or expressions which have a capital letter in these Terms will have the following meanings:
‘Paint’ means all finishes from our Current line of Paint products
‘Wall Tile Sample’ means a full tile from our Current line
‘Floor Tile Sample’ means a cut piece of your chosen tile from our Current line
‘Wood Sample’ means a cut piece of your chosen wood from our Current line
‘Bathroom Accessories’ includes items such as soap, fragrances, toothbrush holders, towels, and the like but excludes Bathroom Products such as Basins etc;
‘Ancillary Products’ means installation and maintenance Products; 
‘Order Confirmation’ means the printed Order Confirmation provided by us itemising the Products to be purchased, their specification and the price, plus delivery charges where applicable;
‘Product’ or ‘Products’ means any goods sold by us;
‘Product Data’ means the information about our Products set out on our website, which details their description/specification, suitability, etc;
‘Current lines’ means Products which are not classed as obsolete or discontinued on the day of enquiry with our Adderbury Site Product teams.

PLACING AN ORDER
Goods Availability
If for any reason the ordered goods are no longer available the Company will notify You and either: give You the option of receiving alternative goods of a similar price and quality; or cancel the item from Your order and refund You in full.

If You do not wish to accept the alternative goods offered You may cancel the Order and require any money paid to the Company in respect of that Order to be refunded in full.

Payment
Payment may be made by MasterCard, American Express, Maestro, and Visa at the time of Order. 
The Company is totally committed to respecting the privacy of its customers and any data provided will only be used in accordance with their wishes. We also understand that shopping on the internet can feel risky and insecure. Therefore, card security is a high priority and we have taken every precaution to ensure that this information is collected and stored accurately and confidentially without danger of unauthorised access.

Fired Earth payments are processed through a secure site that utilises Secure Socket Layers (SSL). This is a sophisticated encryption technology that provides billions of code combinations per order transaction and prevents other internet users from accessing your personal details. It is fully compatible with Microsoft and Netscape browsers 4.0+.

Unless the Company is negligent, it will not be liable to You for any losses caused as a result of unauthorised access to the personal and transactional information You provide when placing an Order.

Errors and Omissions
Although we try to ensure that all prices on our web site are accurate, errors may occur. If we discover an error in the price of goods You have ordered, we will inform You as soon as possible and You will have the option of reconfirming Your Order at the correct price or canceling it. If we are unable to contact You, we will treat the Order as cancelled and refund you in full.

Prices
The VAT rate of 17.5% applies to all our prices from 1st January 2010.
Prices and delivery charges are quoted by the Company in £ Sterling inclusive of VAT at 17.5%.
The price of the goods to be paid by You to the Company is as shown on the website. The Company reserves the right to revise prices and details displayed on the website without notice. Any prices listed on the website do not constitute an offer until the Company has accepted Your Order.

CANCELLATIONS
Paint Orders
Once placed, paint orders cannot be amended or cancelled and therefore will be delivered, however please see details on how to return the goods in our returns and refunds policy.

All other Products listed in Definitions
You may cancel Your Order at any time prior to dispatch of the goods by notifying the Company, to do this contact 01295 814315. The Company shall refund any money paid to Us by You in respect of the cancelled Order within 30 days of You canceling the Order.

INCORRECT AND UNSATISFACTORY PRODUCTS

Faulty goods/shortages and incorrect deliveries:
We hope you are fully satisfied with your Fired Earth product(s) however in the unlikely event that the product(s) is unsuitable or that you are not fully satisfied please contact us within 7 days of receipt of the goods on 01295 814315 to inform us of your intentions.  We ask that you take reasonable care of the product(s) while they are in your possession and that, wherever possible, you return the goods either in or with the original packaging.

Following your notification of your intent to return product(s) we will make contact with you to make arrangements for the return of the item(s). Collections of heavy goods will be made by our Home Delivery Service by prior arrangement.  If the goods are not returned as arranged it may be necessary for us to charge you the direct costs of recovery.

For hygiene reasons we ask that you exercise reasonable care and do not remove tamper seals when inspecting products. 

You will be refunded for all goods returned and we will refund you the delivery charge in the unlikely event that all items in your order are unsatisfactory.

Refunds will be processed within 30 days of you notifying us of your intention to return product and will be made in the same method as payment.

Online Order Delivery Charges:

DELIVERIES
• Deliveries will generally be made between 7am and 6pm Monday to Friday (excluding bank holidays). Deliveries will be made within 3 to 5 working days from receipt of your paid order subject to availability. Your order may be despatched from multiple locations and therefore arrive as separate deliveries.

• Delivery will be made to the address of the registered debit/ credit card holder used to place the order and must be a UK address only.

• We will make contact with you to arrange a delivery time upon receipt of your order either by telephone or email; we will endeavour to deliver at the agreed time however, we cannot guarantee delivery dates and times as these may be affected by circumstances outside our control.  We will do our best to contact you if we are forewarned of delays.

• For this reason we are unable to accept responsibility for lost working time and recommend goods are ordered well in advance of any project start dates.

• If we are unable to gain access to the agreed delivery address we will return the goods to our warehouse and make contact with you to re-arrange delivery.  Unfortunately in these circumstances we may have to charge you a further delivery fee.

• All goods must be signed for to confirm receipt.  If you are unavailable at this time we recommend a responsible adult is available to sign on your behalf.

Mainland Online Delivery Charges:
 

The delivery charges for all other products are based on the weight and size of the order placed.  As a guide small light bathroom accessories will be delivered by carrier providing the overall weight of the order does not exceed 50kg.
 

Delivery Details

• Heavy goods deliveries may require your assistance to offload the delivery. Our delivery team will unpack and assemble (but not install) your furniture if required.

• The delivery crews are not able to attempt delivery where damage to your home may result. Our delivery teams are unable to remove doors and windows.

• We carry the risk of loss or damage to the products until you sign for them upon receipt, we therefore recommend that you inspect the product thoroughly at this time to ensure you are happy that the goods have not been damaged in transit and all items are present. Goods identified as damaged on delivery will be taken away at that point.

• Any subsequent problems that are not immediately identifiable upon delivery must be reported to us within 7 working days of receipt of the order, please contact 01295 814315. If Products are considered by you to be faulty or defective after the 7 day period has expired please contact us for consideration of your query.

RETURNS AND REFUND POLICY

We hope you are fully satisfied with your Fired Earth product(s) however in the unlikely event that the product(s) is unsuitable or that you are not fully satisfied please contact us within 7 days of receipt of the goods on 01295 814315 to inform us of your intentions. We ask that you take reasonable care of the product(s) while they are in your possession and that, wherever possible, you return the goods either in or with the original packaging.

Following your notification of your intent to return product(s) we will make contact with you to make arrangements for the return of the
item(s). Collections of heavy goods will be made by our Home Delivery Service by prior arrangement.  If the goods are not returned as arranged it may be necessary for us to charge you the direct costs of recovery.

For hygiene reasons we ask that you exercise reasonable care and do not remove tamper seals when inspecting products. 

You will be refunded for all goods returned and we will refund you the delivery charge in the unlikely event that all items in your order are unsatisfactory.

Refunds will be processed within 30 days of you notifying us of your intention to return product and will be made in the same method as payment.

Liability 
The Company shall in no circumstances be under any liability for:
(a) losses that were not foreseeable to both parties when the contract was formed; or
(b) losses that were not caused by any breach on the part of the Company; or
(c) for the business losses, and/or losses to non-consumers or any third party arising out of or in connection with the sale, supply or operation of goods under these Terms, save as may be expressly imposed by statute (Without prejudice to the foregoing the Company's liability for any loss or damage caused to You shall be limited to the invoice value of the goods).

Nothing in these Terms and Conditions shall operate to exclude or restrict the Company's liability for: death or personal injury resulting from negligence; breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or fraud or deceit. This does not affect Your statutory rights.

Health & Safety
In accordance with the Health and Safety at Work Act 1974 and the Consumer Protection Act 1987 the Company confirms that the goods it supplies do not present a hazard to health and safety when used properly in accordance with the manufacturers instructions for the purpose for which they are designed and when You take reasonable and normal precautions in their use.

General
Any notices given under these Terms and Conditions shall be in writing and sent (a) by first class pre-paid post and in respect of You to the last known address notified by You; and in respect of Us the address stated at Condition 2 or by email to Us at. The notice shall be deemed served (a) two working days after posting or (b) upon receipt of a successful email receipt.

The Company reserves the right to change or amend these Terms and Conditions at any time and without prior notice.
 
Copyright
All design and imagery on the website is the copyright of Fired Earth. The site may not be altered in any way or republished without permission from Fired Earth.

Law & Jurisdiction
These Terms and Conditions shall be governed and construed in all aspects in respect of the laws of England and shall be subject only to the jurisdiction of the English courts.

CONSUMER PROTECTION: Nothing contained in these terms and conditions of sales shall operate to excuse any warranty or condition implied by the UNFAIR CONTRACT TERMS ACT 1977 in event of the customer dealing as a “CONSUMER” as defined by section 12 of that act.