Terms and Conditions

Fired Earth is a trading name of AGA Consumer Products Ltd

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.
 
TRADING NAME
All Orders are placed with Fired Earth, which is a business name of AGA Consumer Products Ltd, registered in England No 3872754 VAT Registration No GB 100 5835 13 Registered office: 4 Arleston Way, Shirley, Solihull, West Midlands B90 4LH ("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’).

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
‘Leather Sample’ means a cut piece of your chosen leather from our Current line of Leather Upholstery
‘Leather Upholstery’ means our Current line of Leather Upholstery furniture
‘Kitchen Furniture Sample’ means a cut piece of wood painted in a Paint colour available from our Current line of Kitchen Furniture Paint colour choices
‘Kitchen Furniture’ means our Current line of Bastide or Shaker Kitchen Furniture
‘Bespoke Furniture / Bespoke Items’ means any products made-to-order
‘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 in the brochure, 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, Maestro, Visa and American Express 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 cancelling it. If we are unable to contact You, we will treat the Order as cancelled and refund you in full.

Prices
Prices and delivery charges are quoted by the Company in £ Sterling inclusive of VAT.
The price of the goods to be paid by You to the Company is as shown in the Company's published retail recommended price list (currently published on the website) at the time of despatch. The Company reserves the right to revise prices and details displayed on the website without notice. Any quotation or prices listed on the website does not constitute an offer until the Company has accepted Your Order.

CANCELLATIONS, RETURNS AND REFUNDS 
Paint Orders
Once placed, paint orders cannot be amended or cancelled.
However, unopened tins of Paint can be returned to any Fired Earth showroom within 28 days of purchase and will be refunded in full on production of a valid receipt, with the exception of Exterior Masonry or Floor Paints, both of which are non-returnable.

All other Products listed in Definitions
You may cancel Your Order at any time prior to despatch of the goods by notifying the Company. The Company shall refund any money paid to Us by You in respect of the cancelled Order within 30 days of You cancelling the Order.

You have the right to return following delivery the following Products:-
 
- Current lines of Bathroom Accessories
- Wall Tile & Wood samples
- Unopened tins of paint (Excluding Exterior Masonry and Floor Paint)
- Unopened Ancillary Products (excluding short shelf life Products)

If they are unused and in good condition. This must be done within 28 days of purchase, (7 days for hand woven rugs) and returned Products must be accompanied with a valid receipt. 
In these circumstances a refund will be made in full at the current selling price in store.
 
Any Products, listed above, which you return will be at your risk until they are received by us.

For all other Products, we regret that no cancellations, amendments, returns or refunds are allowable post warehouse packing unless they have been inspected and confirmed by us as defective or damaged (see “Incorrect and Unsatisfactory Products” below), in which case we will ascertain if a replacement, refund or credit note is applicable.

INCORRECT AND UNSATISFACTORY PRODUCTS
Faulty goods/shortages and incorrect deliveries:
Shortages, damages and incorrect deliveries should be notified to us within 7 working days, providing us with sufficient detail of the problem, including photographic evidence, if practicable) to allow us to make an informed assessment of the problem.  If Products are considered by you to be faulty or defective after the 7 day period has expired, or after installation, please contact us for consideration of your query. If we feel it is necessary, we shall arrange a mutually convenient time to come and inspect the Products. In the meantime, you must treat your Products with the utmost care.

If the Products are found to be defective or damaged then so long as you have complied with any requirements set out in the relevant Product Data or Product instructions we will exchange the Products (subject to availability), provide you with a credit note, or refund you in full.  In the event of a refund we shall arrange for collection at our cost.  Please note; refunds will need to be processed in accordance with normal banking and credit card procedures.

A customer advisor will be able to take Your call Monday to Friday from 9.00am until 5.30pm on 01295 812088. Any refunds given will be made to your debit/credit card account provided when you placed Your Order.

Goods should be returned to Fired Earth, 3 Twyford Mill, Oxford Road, Adderbury, Banbury, OX17 3SX

Product Description
Many of our Products are subject to batch variations and we cannot guarantee that subsequent deliveries will match.  Whilst we make every effort to ensure that our Products supplied correspond as closely as possible to our Samples or as described on our website, they may not be exactly the same. We feel these slight variations add to the unique features of our Products. The relevant Product Data will tell you whether the Products might differ in this way. Products cannot be returned, rejected or replaced based on reasonable variation from our current samples.
 
DELIVERY
Please note that Paint must be ordered separately to all other products, and will incur a separate delivery charge where applicable.

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.