TERMS AND CONDITIONS OF SALE

The expression “the Company” shall mean Patrick Shoes Limited: The expression “the customer” shall mean the persons or company to whom this document is addressed.

• The contract will be on these Conditions (subject to any variation under Condition 0) to the exclusion of all other terms and conditions (including any terms or conditions which the customers purports to apply under any purchase order, confirmation order, specification or other document).
• No terms or conditions endorsed upon, delivered with or contained in the customers purchase order, confirmation of order, specification or other document will form part of the Contract simply as a result of such document being referred to in the Contract.
• These conditions apply to all the Company’s sales of Goods and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by the Company.
• Each order for Goods by the customers from the Company shall be deemed to be an offer by the customer to purchase Goods subject to these conditions, previous dealings between the Company and the customer shall not modify, vary or replace these terms in any way whatsoever.

All descriptions and illustrations whether made orally or in writing or otherwise communicated to the customer are intended merely to present a general idea of the goods described therein and nothing contained in any of them shall form any part of the contract. When a sample of the goods has been exhibited to and inspected by the customer it is hereby agreed that such a sample was so exhibited and inspected solely to enable the customer to judge for himself the quality of the bulk.

All prices quoted by the Company are quoted carriage paid on order above £250 to any address in the UK mainland with the exception of customers in Eire who pay carriage, Incoterms DAP unless otherwise agreed in writing by the Company. Import duties & duty deferment admin fees are payable by the customer to Revenue IE.

The time of payment of the price of the goods shall be the essence of the contract. Accounts are due for payment 30 days from the date of the invoice, unless otherwise agreed. In no circumstances shall the customer be entitled to make any deduction or withhold payment for any reason at all. Without prejudice to any other rights of the Company, if the customer fails to pay the invoice price by the due date compound interest on all sums overdue shall be payable from the date on which payment was due to that on which it is made (whether before or after judgement) at the rate of 4% per annum above the base rate of HSBC UK from time to time and the customer shall reimburse to the Company all costs and expenses (including legal costs) incurred in the collection of any overdue amount.

The customer may not cancel orders to the Company for the supply of goods without the prior consent of the Company which, if given shall be deemed to be on the express condition that the customer shall fully indemnify the Company against all loss, damage, claims or actions arising out of such cancellations unless otherwise agreed in writing by the Company. This condition is without prejudice to the customers right to cancel in circumstances provided by Clause 6 hereof.

All delivery dates given by the Company are estimates only and the time of delivery shall not be of the essence of the contract. Delivery shall be deemed to take place when the Company makes them available to the customer or any agent of the customer of any carrier (who shall be the agent of the customer whoever pays his charges at the premises of the Company or others delivery point agreed by the Company. In no circumstances shall the Company be liable to compensate the customer in damages or otherwise for short delivery or non-delivery or late delivery of the goods or any of them for whatever reason of for loss consequential or otherwise arising therefrom. The Company shall be entitled to deliver the goods in one or more consignments unless otherwise agreed in writing by the Company. If delivery of any items comprised in the goods has not been made within forty five days of the estimated delivery date the customer may cancel its order in respect of that item only by giving effective notice of cancellation in writing to the Company. Such notice shall be deemed effective only upon the receipt of such notice to the Company. If goods for delivery in the UK do not arrive within 10 days from the despatch date shown on the invoice, the customer must immediately notify the Company of non-delivery. Failure to do so may cause claims by the Company to be rejected by the carrier, in which case the customer may lose his rights to claim. The Company may at its discretion deliver the goods by instalments in any sequence. Where goods are delivered by instalments each instalment shall be deemed to be the subject of a separate contract and no default or failure by the Company in respect of any one or more instalments shall vitiate the contract in respect of the goods previously delivered or undelivered goods.

The customer shall note any claim for short delivery and /or damage to goods in transit on the delivery note at the time of delivery and shall additionally confirm such claims in writing to the Company within three working days of the date of delivery. Strict compliance with these requirements shall be conditions precedent to any claim by the customer for short delivery/damaged goods. If short delivery does take place the customer may not reject the goods but will accept the goods delivered as part performance of the contract. Goods can only be returned on the written authority of the Company. Any request for return must be by letter stating reason for return. No credit can be considered unless proof or return is retained and provided on demand. Faulty or damaged goods require full details of fault/damage to be put in writing and accompany the goods.

The customer shall thoroughly inspect the goods immediately on delivery and shall within three working days of delivery give notice to the Company, in writing, of any matter whereby the customer may allege that the goods are not in accordance with the contract or are defective in material or workmanship. In the event that the customer establishes to the Company’s reasonable satisfaction, that the goods are not in accordance with the contract or are defective in material or workmanship, the customers sole remedy shall be limited as the Company may elect to replacement of the goods or refund of the purchase price against the return of the goods to the Company.

• The company shall remain the sole and absolute owner of the goods until it has received payment in full of all sums which are due from the customer to the Company in respect of any goods supplied under this or any other agreement now or in the future subsisting between them. As soon as goods are delivered to the customer the goods shall be held at the risk of the customer.
• The customer agrees that until payment in full has been made for the goods the customer shall act in a fiduciary capacity as bailee of the goods and shall store the goods on its premises separately from any other goods owned by it or any other person and shall ensure that the goods are readily identifiable as the goods of the Company.
• Notwithstanding the provisions of Clause 9 (ii) above and subject to the provisions of Clause 9 (iv) below, the customer shall be entitled to sell the Company’s goods in the ordinary cause of its business. If the customer sells any of the goods as aforesaid it shall sell them in a fiduciary capacity as agent and bailee of the Company and shall hold the proceeds of the sale thereof on trust for the Company. Following delivery, the customer shall maintain the goods in satisfactory condition, insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company.

• The customer’s right to retain possession of the goods and to sell the same shall automatically terminate and the customer shall deliver up the goods to the Company upon the happening of any of the following events (whichever shall be the earlier):-

  • If the customer shall fail to make payment for the goods by the due date or shall otherwise be in breach of the terms of this agreement and the Company shall have served notice in writing terminating the customer’s right of possession and sale.

  • If the customer, being a company or a sole trader or a partnership as the case may be, shall do anything or fail to do anything which would entitle any person as against the customer and/or its assets to:-

    • Commence proceedings for recovery of debt or damages.
    • Issue execution (in all its forms) or distress.
    • Cause statutory demand or bankruptcy petition or winding-up petition to be served.
    • Present petition for the appointment of an Administrator.
    • Allow the appointment of a Receiver.
    • Call a meeting for the purposes of the appointment of a Liquidator.

• The customer grants to the Company an irrevocable license to enter upon any premises where the goods are stored or where they may reasonably be thought to stored for the purpose of:-

  • Inspecting the same at any time and
  • Upon termination of the right to possess goods, repossessing the same.
• The Company shall be entitled to maintain an action for the price of any goods notwithstanding that title in them has not passed to the customer.

The Company shall not be liable for any failure in the performance of any of its obligations under the Contract caused by factors outside its control.

The Contract between the Company and the customer shall be governed by English Law and the customer submits to the Exclusive Jurisdiction of the English Courts.

Who we are. We operate the websites www.patrickshoes.co.uk, www.amenshoesuk.co.uk, www.northwestterritory.co.uk, www.catesbyshoes.com. We are Patrick Shoes Ltd a company registered in England and Wales. Our company registration number is 09632082 and our registered VAT is GB 232302755. Our registered office is at Himalayan House, 430 Thurmaston Blvd, Leicester LE4 9LE.

Questions about the Terms and Conditions should be sent to sales@patrickshoes.co.uk