Terms & Conditions
This website is operated by XclusiveDecor LTD trading as Fireland.
(referred to as "Fireland/we/our/us").
As user of this website (referred to as "you/your"), you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below. Please:
· read through these terms and conditions carefully before using this website
· print a copy for future reference.
1. General
1.1 We reserve the right to change these terms and conditions at any time. The date of any changes will be posted at the top of this page and it is your responsibility to read the terms and conditions prior to placing an order.
1.2 If you are not the end consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3 When shopping with us, you will be automatically registered on our system and subsequent access to certain services will require you to log in using the email address and password provided when creating your account. In the event that you have any concerns regarding your password details or become aware of any misuse then you must inform us immediately.
2. Order process
2.1 All orders that you place on this website will be subject to acceptance of these terms and conditions.
2.2 The final stage of the checkout process confirms your order has been successfully placed. We will send you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Fireland.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Shipping & Returns).
2.4 Once an order has been placed, the details will be accessible via ‘My account’, ‘order history and details. If you wish to obtain specific details of your previous orders please contact us.
3. Delivery of goods to you (To read our delivery process please click here - Delivery and Returns)
3.1 Free delivery is available to most parts of mainland UK. Any exceptions to this will be detailed in the delivery tab of each product description.
3.2 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order unless otherwise agreed in writing with you. All goods must be signed for by an adult aged 18 years or over on delivery or left as instructed at your own risk
3.3 We cannot delivery individual orders to multiple addresses; each delivery address would require its own order.
3.4 Estimated delivery timescales are listed in the delivery time of the product description and are unique to every product. We make every effort to deliver goods within the estimated timescales; however, delays are occasionally inevitable due to unforeseen factors. Fireland shall be under no liability for any delay or failure to deliver the products within the estimated delivery time providing delivery is still made within a reasonable timescale. If delivery is likely to be significantly extended, we will contact you at which point you can either cancel the order or confirm your acceptance to proceed with the order.
3.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
3.6 Delivery is made using a third-party carrier typically between the hours of 7 am and 8 pm Monday to Friday (excluding bank holidays). Timed or Saturday deliveries may be available but would be subject to a delivery charge. Please contact us to check availability and price prior to ordering. Where you are getting a third party to install the goods you should not make arrangements for such a third party to install the goods until you are in receipt of the goods.
3.7 For palletised deliveries, the driver is NOT insured to enter your home and are not responsible for any additional lifting, assembly or installation of your goods, the goods will be delivered as close as possible to the front door of the delivery address you have given us. If this location is unreachable for any reason, such as a narrow street, up to a flight of stairs (such as flats), or any other obstruction, delivery will be made as near to your property as possible.
3.8 Goods damaged in transit must be noted at the time of delivery, documented on the delivery note and delivery refused. It is your responsibility to check the goods for damage with the delivery driver and to notify us of any damages within a reasonable period. We will not accept claims for goods damaged in transit that were signed for as being in good condition.
3.9 Where we have agreed on a delivery date with you and our carrier it is your responsibility to be there to receive the delivery on the agreed date. If you are not present to receive the delivery on the date that we have arranged with you, then we reserve the right to charge you a minimum of £60 to cover the cost of the failed delivery.
4. Payment
4.1 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.2 The price you pay is the price displayed on this website at the time we receive your order with the following exception. While we try and 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 and 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 you cancel and you have already paid for the goods, you will receive a full refund.
4.3 Payment can be made by Credit / Debit Card, PayPal and Amazon.
4.4 Title to any products you order on this website shall pass to you on the delivery of the products provided that we have processed and received payment in full for the products.
4.5 All prices include VAT (where applicable) at the applicable current rates and include delivery charges unless expressly stated otherwise (see Shipping & Returns for further details).
5. Returns, Cancellations and Substitutions (To read our delivery process please click here - Delivery and Returns)
5.1 We offer a 14-day money back guarantee on unwanted items (excluding perishable, used or made to measure items), please refer to Shipping & Returns for more details. We do not cover the cost of returning unwanted items. We can organise a courier to collect items on your behalf, the cost of which will be deducted from your refund.
5.2 In the unlikely event that you receive faulty or damaged goods, please refer to our shipping & returns section.
5.3 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 14-day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Consumer Contracts Regulations 2013 (see the Shipping & Returns page for further details).
5.4 All sizes, weights and measurements are approximate but we do try to make sure that they are as accurate as possible.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us, or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability
7.1 If the goods we deliver are not what you ordered or are defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.
7.2 If you do not receive goods ordered by you within 60 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 30 days of the due date for delivery of the goods under the Contract.
7.3 If you notify a problem to us clause 7.3 above, our only obligation will be, at your option:
1. to make good any shortage or non-delivery;
2. to replace or repair any goods that are damaged or defective; or
3. to refund to you the amount paid by you for the goods in question in whatever way we choose.
7.4 For defective goods returned to us we will examine the returned goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day, we confirmed to you via e-mail that you were entitled to a refund for the defective goods. Goods returned by you because of a defect not caused by you or your servant or agent will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us
7.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition or where delivery does not take place on the anticipated delivery date notified to you and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
7.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our registered offices, XclusiveDecor LTD; Exchange House, Exchange Street, Attleborough, NR17 2AB and all notices from us to you will be displayed on our website from to time.
9. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
12. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14. Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.