Definitions
‘The Company’ and ‘Seller’ means Baked Earth.
‘Buyer’ and ‘Customer’ means the person who accepts a quotation from the Seller, for the sale of the Goods or agrees to buy the Goods from the Seller.
‘Goods’ means the Tiles and other products which the Buyer agrees to purchase from the Seller.
‘Stock Items’ are products that are classified on our Web site as standard items and are in stock.
‘Non-Stock items’ or ‘Special Products’ are products that are classified on our Web site as non-standard items or those that are Out of Stock.
‘Order’ and ‘Contract’ means the Order or Contract for the sale and purchase of the Goods between the Buyer and the Seller.
‘Price’ means the price for the Goods excluding where applicable, carriage, packaging, insurance and Value Added Tax.
‘In writing’ means a communication by postal letter, email, facsimile and any comparable means of communication.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
Pricing
The Companies catalogues, price list, website and other advertising material shall not form any part of any contract between the Buyer and the Company.
Any information or description of the goods appearing in the Sellers catalogues, brochures and other publications is believed to be correct and current, but is not warranted by the Seller, in so far as any such publication has been compiled from information supplied to the Seller, either by the manufacturer or supplier of the goods. The Seller accepts no responsibility for the accuracy of any such information or description.
Unless otherwise stated in writing all prices quoted are exclusive of VAT. Quotations are valid for 30 Days from date of issue.
Whilst we try to ensure that all prices on our website 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 to give you 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. If the Company take the action to cancel the order, for standard stock items and you have already paid for the goods, you will receive a full refund.
Prices are subject to alteration without prior notification and shall not be binding on the Seller.
Ordering
Each Contract between the Seller and the Buyer will consist of the Order, the Terms and Conditions and such other specific terms as the two parties shall agree in writing.
The Company accepts Paypal and most major Credit & Debit Card payments via our on-line website. These payments are Credit checked and final payment authorisation given, via appointed and accredited 3rd Party Credit Agencies (e.g. Sage Pay, Google Pay etc.). The Company cannot take any responsibility for the non-authorisation of on-line payments howsoever caused or for any subsequent delay in delivery, when authorisation is queried or additional Credit checking processes are involved.
Credit Checking routines require that the Debit or Credit Card used, is registered to the appropriate person (Buyer). Should the credit authorisation fail, the Company reserve the sole right to employ additional Credit checking measures in order to confirm or qualify the authenticity of the Buyer. The Company cannot accept any liability for any delay, or cost incurred by the Buyer as a result of a delay in the Credit authorisation process.
If Payments are declined or queried by the appointed and accredited 3rd Party Credit checking agency, the Company reserve the sole right to employ additional Credit checking measures in order to confirm or qualify the authenticity of the Buyer. The Company cannot accept any liability for any delay, or cost incurred by the Buyer as a result of a delay in the Credit authorisation process.
In the event that the express Terms of a contract are in conflict with any Conditions, the Conditions shall prevail.
The company holds no responsibility for providing measurements upon customers information. The customer should always take their own measurements.
As the number of tiles per square yard and square metre is nominal, the Buyer will be responsible for ensuring sufficient quantity of tiles are ordered.
The company holds no responsibility to provide any technical data or slip rating for the tiles. The customer should obtain a sample and carry out their own research.
Only one E-Voucher or promotional code can be used per Customer transaction. No multiple codes will be accepted at the point of transaction, or during telephone ordering. If Customers are in receipt of multiple E-Voucher or discount codes, the Customer must redeem the code of most benefit; no alteration/addition of codes will be entered into, post transaction. E-Voucher codes will not provide any discounts off “Pallet Deals” or “Job lots”. Delivery voucher codes are only valid against standard (two day) delivery charges. Price beat promise cannot be used in conjunction with any other offer or promotional code.
Acceptance of your order and the completion of the contract between the Buyer and the Company will take place upon the despatch to the Buyer of the products ordered, unless we have notified you that we will not accept your order, or you have cancelled it.
Orders are accepted and promises for delivery given, conditionally upon our being able to secure the necessary material and /or goods and without responsibility for delays arising through risks and uncertainties of manufacture, strike, accidents, or other causes beyond our direct control.
Payment for the goods shall in itself constitute an acceptance of and agreement to these general Terms & Conditions.
The Company reserves the right not to supply the Buyer at the Companies sole discretion.
Product Quality / Warranty
The supply of goods does not mean that they are suitable for a specific installation. The Company can only be held responsible for any failure against products supplied, No tiles are guaranteed against crazing. Frost proofing & anti slip has been tested by refrigeration process by the company’s supplier(s), Baked Earth can not be held responsible against frost proofing/anti slip resistance.
Some variations in size, shape, manufacturing tolerance, small chip, wax smell, shading and pattern are inherent in the manufacture of tiles and therefore the Seller accepts no liability. All Natural Stone/handmade terracotta goods are supplied subject to natural colour and shade variations & size.
Terracotta should be installed on a solid surface/ concrete base. The company does will not be responsible for incorrect installation. The company does not provide any installation and the installation guide on the company website is for guidance only.
Where a significant area is to be tiled, it is the responsibility of the Tiler or Tradesperson to use where possible, goods from a variety of separate boxes to ensure that any batch, colour, shading and quality variances are minimised.
Baked Earth is not obliged to provide any installation guide or technical data. The installation guide on the Baked Earth website is for guidance only and customers should always obtain their own technical information how to install the tiles.
Any fault, quality or shading issue with the tiles supplied will remain the responsibility of the manufacturer. The Company will accept no responsibility for further or subsequent loss or expense, if the tiles are faulty, or not to the acceptance of the Buyer. Any such issues will be passed to the manufacturers, whereby any claims will become solely the manufacturer’s liability, disclaimers or notes printed on boxes or packaging will become the responsibility of the Buyer to read and accept, prior to use or fixing.
Any claim by the Buyer, which is based on any defect in the quality or condition of the Goods, or their failure to correspond with specification, shall (whether or not the delivery is refused, by the Buyer) be expected to notify the Seller in writing, within 2 working days, from delivery. If delivery is refused and the Buyer does not notify the Seller accordingly, the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any defect in the quality or condition of the Goods, or their failure to meet specification is notified to the Company, in accordance with these conditions, the Company shall be entitled to replace the Goods (or the part under query) free of charge or at the Companies sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price) however, the Company will have no further liability to the Buyer.
The Company offer a wide range of special protection, cleaning and maintenance products manufactured by a variety of different suppliers. Every care should be taken when using these products to ensure that they are appropriate for the product and location involved. Customers are requested to refer to the manufacturer’s website and to fully read and adhere to the manufacturer’s usage and application guideline instructions before use. Additionally, it is recommended that Customers should apply a small sample to a test area to ensure suitability, before proceeding with the main project. The Company are unable to accept any responsibility or liability for costs incurred through the use/mis-use of these products, howsoever caused. This policy does not affect your statutory rights.
Delivery
The Company cannot, under any circumstances accept any financial demands from the Buyer for late delivery, incorrect supply of goods, or incorrect delivery. The Company respectfully recommends that the Buyer does not book a Tiler or Tradesman, until the goods have been delivered to the desired location, signed for and quality checked. The risk in relation to the goods passes to the Buyer at the point of physical delivery, at the time of delivery
Standard delivery (2-4 working days) & Express delivery (2 working days), if order is placed after 2pm on a Friday then the order will be processed the following Monday, The Company cannot, under any circumstances accept any financial demands from the Buyer for late delivery.
Time shall not be of the essence. The Company shall not be liable to the Buyer, or be deemed to be in breach of the Contract by reason of any delay in performing, or if any failure to perform, was due to any cause beyond the Companies reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded, although not exclusively, as causes beyond the Companies control; Act of God, Explosion, Flood, Tempest, Adverse Weather conditions, Fire or Accident, Traffic delays/Road works, War or threat of War, Sabotage, Civil Unrest, Import / Export regulations and embargoes, Fuel availability, Strikes, Industrial action, Raw material availability, Power failure or disruptions and breakdowns in vehicles or machinery.
The Company offer a wide range of standard and special delivery services in conjunction with our own transport and third party contractors. Due to Health & Safety / Insurance reasons we are only able to offer a Kerbside Delivery Service* – we cannot commit that Drivers will enter a Customers property. Whilst every effort will be made to deliver goods in line with the desired, requested or committed service, the Company do not accept responsibility for any delay, cost, or consequential loss, how so ever caused for a failed or late delivery. Please note that our general Delivery Service and those of our delivery Partners may involve deliveries being completed between the hours of 7.00am to 6pm *Kerbside Delivery Service : Whilst every effort will be made to deliver your product to the nearest available delivery point, hazards or obstructions e.g. steps, lifts, uneven or gravel paths / driveways may necessitate the delivery being made to an alternative location nearest to the delivery vehicle.
The Company reserve the right to utilise a variety of transportation services to deliver the goods. Every effort will be made to deliver to the desired and requested point of delivery. However, in circumstances where it is not practical or possible to complete the delivery in this manner, the delivery will be made to an alternative location, appointed and notified to the Company by the Customer, in advance, or to the nearest available location adjacent to the point of delivery.
For the purpose of general appreciation / association, the vehicle making the delivery is likely in most cases, to be the comparative size of a Fire Engine, or slightly larger. It is the Buyers responsibility to notify the Company of any circumstances that may affect the delivery of goods using a vehicle of this size. i.e. Parking restrictions, “Red Routes”, Vehicular access due to height or width, Narrow roads, Road works, Gravel or uneven driveways, Building sites, High rise apartments (with or without lifts) etc. Failure to communicate relevant information to the Company prior to delivery may result in additional costs for the re-supply being incurred by the Buyer and may also increase the re-delivery lead time.
If, due to prior notification from the Buyer, that a smaller vehicle or specialist vehicle is required to complete the delivery, the Company reserve the right to charge the Buyer for the additional costs involved.
It is the Companies expectation that the Buyer or the Buyers representative, will be available to sign for the goods at the point of delivery. If goods are delivered without a signature the responsibility for checking the goods is that of the Buyer. Please Note: Due to Insurance and Health & Safety regulations, neither Baked Earth , nor the representatives of our Delivery Companies are able to take any goods into a Customers property.
The customer must not accept delivery if the goods have been damaged during transit or during off loading from the delivery vehicle unless the company authorizes by written confirmation.
Once the goods have been delivered the Buyer must off load the tiles (boxes) from the pallet and stack them vertically (NOT FLAT), The company will not be responsible for any damaged tiles as they break if the boxes have been stack flat etc.
Before fixing, the Buyer should ensure that they are satisfied that the goods supplied, are correct to the original order. All items should be thoroughly unpacked and inspected as soon as possible. Should you have any queries or questions at this stage, relating to the supply, damage, shading or any other fault, please contact our Customer Service Team on 01423 875944
The Company must be notified by email, or in writing, within a maximum of 2 working days from delivery relating to any claims by the Buyer relating to any shortage or damage. Failure to communicate problems may result in additional costs for re-supply being incurred and may also increase the re-delivery lead time. Upon any damages being reported we may request the Buyer to supply images of the damage along with a completed claims form.
Cancellations
If the Buyer cancels the order after dispatch, but before physical delivery, the Buyer will be expected to accept delivery of the goods and take responsibility for the return of the goods to the Company. A Full refund will be issued for the Goods and the original Delivery charge once the goods have been received and inspected by the Company, as being in a resalable condition. The Company will not accept under any circumstances the cost for delivering, or re-packaging of the goods.
The Buyer can within 5 days of receipt, cancel their order. Cancellations should be made either in writing, by email to info@bakedearth.co.uk or via telephone, to our Customer Services Team : +44 (0)1423 875944. The Customer does not need to give a reason, however, a brief outlined explanation will help us to improve our Customer Service in the future. If the Customer decides to cancel the order, a refund for the GOODS will be issued less the original delivery costs will also not be refunded. The goods must be returned to the Company, The cost for returning the goods is the responsibility of the Buyer.
The goods must arrive in a resalable condition, therefore the Buyer, before returning the goods must ensure that the packaging is suitable for the safe return of the product. The cost for any additional packaging will be the responsibility of the Buyer.
The Buyer should return goods using conventional haulage and should not use Express or Special Transportation services, unless specifically agreed with the Company, in writing, prior to the goods being returned.
If the original packaging has been opened or is deemed by the Buyer to require improvement, to allow the safe return of the goods, it is the responsibility of the Buyer to complete a re-packing exercise, at their cost. The Company will not accept any costs for the re-packing of goods, in any circumstances.
Refunds for cancellations will only be processed once the goods have arrived with the Company and have been fully inspected and deemed to be in a resalable condition. The Company reserve the right to amend the amount refunded based on the value of the resalable goods.
Refunds will be processed as a priority, however, dependent upon circumstances, the administration may take up to 3-5 working days to complete. The maximum time period to refund any monies will not exceed 30 Days from the receipt of goods. Additionally, please note, any monies paid back to Credit / Debit cards may take a further 3-5 days to show on Customers statements. – However, it may be possible to improve on these timings by contacting your Bank / Card account company.
After 7 (seven) working days from delivery, if the Buyer wishes to cancel the order, this action will be considered to be a ‘Return’ and be covered by our Returns Policy – see below.
Returns
If the Buyer cancels the order after dispatch, but before physical delivery, the Buyer will be expected to accept delivery of the goods and take responsibility for the return of the goods to the Company. A refund will be issued for the Goods once the goods have been received and inspected by the Company, as being in a resalable condition. The Company will not accept under any circumstances the cost for delivering, or re-packaging of the goods.
The Buyer can within 5 days of receipt, cancel their order. Cancellations should be made either in writing, by email to info@bakedearth.co.uk or via telephone, to our Customer Services Team : +44 (0)1423 875944. The Customer does not need to give a reason, however, a brief outlined explanation will help us to improve our Customer Service in the future. If the Customer decides to cancel the order, a refund for the GOODS will be issued less the original delivery costs will also not be refunded.
If the order is cancelled, the goods must be returned to the Company, The cost for returning the goods is the responsibility of the Buyer.
The goods must arrive in a resalable condition, therefore the Buyer, before returning the goods must ensure that the packaging is suitable for the safe return of the product. The cost for any additional packaging will be the responsibility of the Buyer.
The Buyer should return goods using conventional haulage and should not use Express or Special Transportation services, unless specifically agreed with the Company, in writing, prior to the goods being returned.
If the original packaging has been opened or is deemed by the Buyer to require improvement, to allow the safe return of the goods, it is the responsibility of the Buyer to complete a re-packing exercise, at their cost. The Company will not accept any costs for the re-packing of goods, in any circumstances.
Refunds for cancellations will only be processed once the goods have arrived with the Company and have been fully inspected and deemed to be in a resalable condition. The Company reserve the right to amend the amount refunded based on the value of the resalable goods.
Refunds will be processed as a priority, however, dependent upon circumstances, the administration may take up to 3-5 working days to complete. The maximum time period to refund any monies will not exceed 30 Days from the receipt of goods. Additionally, please note, any monies paid back to Credit / Debit cards may take a further 3-5 days to show on Customers statements. – However, it may be possible to improve on these timings by contacting your Bank / Card account company.
After 7 (seven) working days from delivery, if the Buyer wishes to cancel the order, this action will be considered to be a ‘Return’ and be covered by our Returns Policy – see below.
Returns
Damages / Incorrect Delivery – If you receive damaged or incorrect tiles you will need to inform us within 5 days of delivery. We will send replacements as quickly as possible or a refund for the GOODS will be issued less the original delivery cost. We will not refund/return any goods if the boxes have NOT been stacked vertically, the tile boxes should not be laid flat. The customer is liable to dispose any damaged tiles or send back to our warehouse at their own cost.
Surplus – We will refund any tiles in their original boxes within 30 days of the date of delivery. The customer will be responsible for arranging the return of the goods to our main distribution warehouse. We will not refund/return any goods if the boxes have NOT been stacked vertically, the tile boxes should not be laid flat. Refunds will be processed within 3-5 working days following our receipt of the return. There will be a restocking charge of 30% of the goods returned
Change of Choice – The customer will have the right to return goods if they are not happy with their selection. The goods must be returned in the original packaging to our main distribution warehouse and the customer will be responsible for arranging transport and insurance of goods. We will not refund/return any goods if the boxes have NOT been stacked vertically, the tile boxes should not be laid flat. This must be done within 30 days of receiving the order. Refunds will be processed within 3- 5 working days following our receipt of the return, less the original delivery costs will also not be refunded. There will be a restocking charge of 30% of the goods returned
Other Returns -
If you wish to return any goods to us, it must be returned to us in re-saleable condition, in its full original carton/box and the range is still for sale via our website.
There will be a restocking charge of 30% of the goods returned. The customer will be responsible for organising the return of the goods to our distribution warehouse return centre within 30 days of the delivery date. The refund will be processed within 3-5 working days following our receipt of the re-saleable items. Therefore we recommend that you put the tiles back on the pallet they were delivered on, and securely fasten the tiles so they are not able to move around. It is always helpful in the event that damage may be caused in transit to take a couple of photographs before they are wrapped and when they are wrapped, before they are sent. Because of batching issues etc, we can only accept returns within 30 days of the tiles being delivered.The original delivery costs will not be refunded.
Checks Prior To Fixing
It is the responsibility of the customer and their tile fixer to ensure that the goods ordered, are satisfactory quality and suitable for the purpose required. Including colour, shade, and gauge. No claims can be accepted once the materials are used. Goods are supplied on the strict understanding that British standards relating to tile fixing are followed.
Data Protection
We are registered under the Data Protection Act 1998 (“the Act”) and comply with the Act in all our dealings with your personal data. If you make an enquiry by email on our website or request information about our products and other services, you will need to give to us personal information such as your name, email address, business or home address and telephone number. We will use this information to answer your enquiry or to send you the requested information or literature required.
Privacy Policy
When you use the web site, you may provide us with personal information about yourself. We use such information to confirm any order details, fulfil your orders, deal with your queries, and send you information about our products and services and for the purpose of record keeping. We will not release, offer or sell any personal information you provide, to other third parties without first seeking your permission. Your details may sometimes be shared with our contractors or agents, in order to provide you with the products and services that you have requested. Images submitted to Baked Earth may be used in our Customer Projects section, or in other promotional areas such as Social Media.
Company Information
This web site is operated by the Company, namely, Baked Earth. Our registered office is 237 Skipton Road, Harrogate, North Yorkshire, HG1 3EY. Registered in England and Wales No. 13773322
Any material downloaded or otherwise obtained through the use of this web site is done at your own discretion and risk and you will be solely responsible for any damage to your own computer system, or loss of data.
