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PATRIA PARTNERS LIMITED
Please read these terms of sale carefully. They contain legally binding obligations that will apply to any contract you enter into with us.
We recommend that you print and retain a copy of these terms and your order for future reference.
1. About Us
This website www.patriagb.com (Site) is owned and operated by Patria Partners Limited (Us, We, Our). We are a UK company (company number 10636339) with our registered office at 714 London Road, Larkfield, Aylesford, Kent, England, ME20 6BL and a trading address at Still Waters Farm, Emmet Hill Lane, Maidstone, ME18 6BG. Our email address is firstname.lastname@example.org.
2. About You
By placing an order with us, you warrant that you are authorised and/or entitled to enter into legally binding contracts with us and that in doing so you will not breach any law or any obligation to any third party. If you are an individual, you represent and confirm that you are at least 18 years of age and that you will use our Products in strict accordance with all guidance and other requirements issued by us (including any set out on our Site) and (if applicable) any usage requirements or conditions specified by manufacturers. If you are placing an order on behalf of any other person, company, partnership or other entity, you represent and warrant that you have authority to do so on their behalf.
3. Your Account
3.1 You are responsible for setting up your account with us (Account). You will ensure that all information provided by you is true, accurate, up to date and not misleading in any respect and you will keep your Account information updated on an ongoing basis.
3.2 You will keep all Account information, including username(s) and passwords(s), (Account Details) secure and strictly confidential and will employ reasonable security processes in your use of our Site. You will be liable for all activities and/or transactions carried out using your Account Details, whether authorised by you or not, including any related charges or expenses. Your Account is for your use only and you will not authorise or permit anyone else to use your Account and you may not transfer or assign it to anyone else. You agree to notify us immediately if you become aware of any unauthorised use of your Account and you undertake to keep your Account Details, including your profile and payments, updated at all times. You agree that we are not responsible for any errors or failures in payment arising from incorrect payment or bank details provided by you.
4. How Our System Works
4.1 All products sold by us via this Site (Products) are made to order and the manufacture of those Products is conditional upon the achievement of minimum order volumes from customers. Once we receive customer orders for a particular Product which meet or exceed the applicable minimum order volume, we place the order with our supplier for the manufacture of those Products and at that time we also process payment from you for your applicable order.
4.2 If the minimum order volume is not reached for the Product(s) you have ordered, no order will be placed with the supplier and your order will not be fulfilled. It is our intention to achieve minimum order volumes wherever possible. In the event it is not possible to fulfil your order, we will notify you.
4.3 By placing an order with us, you confirm your understanding and acceptance of our ordering system, including the limitations inherent in that system, including the risk of non-fulfilment.
5. Contract Formation
5.1 These terms (Terms of Sale) apply to all sales of Products made by us via the Site. Where you purchase as a consumer (i.e. for your own personal use and not for resale or other use in the course of business) (Consumer), your consumer rights are not affected.
5.2 Any order placed by you constitutes only an offer by you to buy the Products you have selected. Placing an order carries with it an obligation for you to pay but places no obligation on us to accept that order. When we receive your order, we will confirm receipt by email and/or confirm the details of your order, including the applicable charges but that email only confirms the details of your order and the fact that your order has been received. It does not comprise acceptance of your order.
5.3 A contract between you and us (Contract) will only be formed if/when we (i) expressly accept your order in writing (including by email) or (ii) dispatch Products in fulfilment of your order. Each Contract relates to the Products we accept by those means (Acceptance). We will be under no obligation to supply anything until we have confirmed Acceptance of your order, which is also conditional upon the achievement of minimum Product order volumes, as explained in clause 4 above. All orders are subject to Acceptance or rejection by us in our absolute discretion. In the event we are unable to accept your order, we will endeavour to notify you as soon as possible.
6. Product image, description and price
6.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Products and packaging may vary slightly from those shown on our Site. We have taken reasonable care to describe all Products accurately but, despite this, it is possible that errors or mis-descriptions may occur.
6.2 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. Our prices include VAT (if applicable) but exclude delivery costs, which will be added to the total amount due in accordance with our delivery charges in force from time to time.
6.3 It is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures, so that where a Product's correct price is less than our stated price we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our Site, we will either contact you for instructions before dispatching the Product or notify you of rejection of your order.
6.4 We are under no obligation to provide the Product(s) to you at an incorrect (lower) price, even after Acceptance, if the pricing error is obvious and/or could have reasonably been recognised as a mis-pricing.
7.1 Payment for all Products must be made via the payment methods indicated on our Site including Visa, MasterCard and American Express (Payment Methods). You are responsible for ensuring the accuracy of all information provided regarding payment. Incorrect information may cause a delay in processing your order.
7.2 Please note that we cannot accept payment for website orders over the phone. In order to maintain a high level of security we ask that you process your payment via the Payment Methods during the checkout process. We do not accept cheques as payment for online orders.
7.3 We shall be entitled to withhold delivery and/or cancel the Contract if we do not receive full payment from you in cleared funds.
8.1 Subject always to the limitations in our ordering system, as described in clause 4 above, we endeavour to ensure the availability of the Products shown on our Site (unless shown as ‘not in stock’) but we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:
8.2 If you reject our offer of an alternative Product or in-stock dates or we are unable to fulfil the order we shall have no further liability to you, save that we will refund payments already taken from you for the relevant Product(s).
9.1 Your order will be fulfilled without undue delay and by any delivery date confirmed by us. Delivery will be made to the delivery address specified in your order.
9.2 If delivery is delayed we shall inform you but we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery.
9.3 Upon delivery of your order you may be asked to sign for the Products received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of the delivery then please ensure you sign for the parcel “unchecked”.
9.4 We deliver on a worldwide basis. However there are restrictions on some Products for certain countries. If restrictions apply, you will be notified.
9.5 If you order Products for certain international destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.6 You must comply with all applicable laws and regulations of the country for which the Products are destined.
10. Risk and title
The Products will be at your risk from the time you (or anyone nominated by you) receive(s) the Products. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, inclusive of all delivery charges.
11. Consumers - Right of Cancellation
11.1 Save where any of the exceptions set out in clause 12 apply, Consumers have a legal right to cancel a Contract during the periods set out in clause 11.2 below, pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations). This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract.
11.2 The Regulations give you the right to cancel your Contract within 14 days without giving any reason. Your right to cancel starts from the date of Acceptance of your order and it expires after 14 days from the day you (or anyone nominated by you) receive(s) the Products. However, if your Contract is for the sale of multiple Products with different delivery dates, the period will expire after 14 days from the day you (or anyone nominated by you) receive(s) the last of the Products.
11.3 To exercise the right to cancel, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete our standard cancellation form, available here. If you use this option, we will email you an acknowledgement of receipt of your cancellation.
11.4 Alternatively, you can e-mail us at email@example.com or by post to Patria, Still Waters Farm, Emmet Hill Lane, Maidstone, ME18 6BG. If you e-mail us or write to us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
11.5 Should you cancel within the above period, you will receive a refund of the price paid for the Products in accordance with clause 13 below, provided that you comply with any applicable terms.
12. Exceptions to the right of cancellation
12.1 The right of cancellation does not apply where:-
13. Consumer returns and refunds
13.1 If you act as a Consumer and exercise the right of cancellation described in clause 11 above we will:
13.2 If you exercise your rights of cancellation but have received Product(s) in connection with the Contract, you:
(a) shall send back the Products, or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us;
(b) will have to bear the direct cost of returning the Products. If the Products cannot normally be sent by post, you will have to bear the direct cost of returning the Products, which we estimate will not exceed the costs we charged you for delivery; and
(c) must take reasonable care of the Products whilst they are in your possession. You are liable for any diminished value of the Products resulting from the handling of the Products other than as required to establish the nature, characteristics and functioning of the Products.
All refunds will be processed via the Payment Methods unless otherwise agreed in writing.
13.3 When you return a Product to us for any other reason (e.g. because you claim that the Product is defective), and whether or not you are a Consumer, we will examine the returned Product and will notify you of any agreed refund (if any) 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 confirm to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full when we have verified the defect. You agree to return all Products at your cost and to ensure all returned Products are shipped with a tracking number, to ensure accurate processing.
13.4 When making any return(s) to us, you agree to comply with any returns process notified by us.
13.5 We will refund any money received from you using the same method originally used by you to pay for your purchase unless otherwise agreed. You will not incur any fees as a result of the reimbursement but we may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of handling of the Products other than as required to establish their nature, characteristics and function.
13.6 Refunds are carried out by our payment processor and while we will endeavour to ensure refunds are paid in accordance with the timescales set out above, we will not be liable for any delays outside our control.
14. Our liability
14.1 We are under a legal duty to provide Products which comply with the terms of the Contract. You should also be aware that consumer sales in the UK are subject to governance by organisations such as the OFT, the Department of Enterprise, Trade and Investment in Northern Ireland and the Trading Standards Institute, and subject to codes of conduct, further details of which can be found athttp://www.tradingstandards.gov.uk/advice/.
14.2 Nothing in these terms seeks to exclude or limit our liability (a) for death or personal injury caused by our negligence, (b) under section 2(3) of the Consumer Protection Act 1987, (c) for fraud or fraudulent misrepresentation, (d) under section 12 of the Sale of Goods Act 1979, or (e) for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
14.3 We supply the Products for domestic and private use only. You agree not to use the Products for any commercial, business or resale purposes, and consequently we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
14.5 You agree that we shall have no liability in respect of any defect in the Products arising from:
15. Data protection & security checks
15.2 By placing an order, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to the authentication of your identity or the authorisation of transactions.
16. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us should be sent by email to firstname.lastname@example.org. Failing that, they may be sent to: Patria Partners Limited, 714 London Road, Larkfield, Aylesford, Kent, England, ME20 6BL. We may give notice to you at either the e-mail or postal address you provide to us when submitting your order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. Events outside our control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; problems with use of railways, shipping, aircraft, motor transport or other means of public or private transport; problems with the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 23.
If any of these terms or any other provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Entire agreement
22.1 These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
22.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms.
23. Our right to vary these Terms
23.1 We have the right to revise and amend these Terms from time to time, including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
23.2 You will be subject to the terms and policies in force at the time that you order Products from us, unless any change to the terms and/or the policies is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms or the policies before Acceptance (in which case we have the right to assume that you have accepted the changes unless you notify us to the contrary within seven working days of receipt by you of the Products).
24. Third parties
Each Contract is between you and us only. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
25. Law and jurisdiction
These Terms and/or any Contract(s) for the purchase of Products and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to the same will be governed by and construed in accordance with English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.